How much should I claim from the landlord?

[malvernman]

Hi All,

 

I rented a flat, as an assured shorthold, landlord didn't place my deposit into a TDS. I paid a £1,200 deposit of which £250 was a Pet Deposit for my dog. He has returned £660. He claims the Pet Deposit was non-refundable and was for the priviledge of having a pet at the property. He added that the sofa stank, which I refute. The rest he used to clean the property and sent a report with pictures. I had arranged with his agent to clean the property a day after the expiration date. When I went there to clean and return the keys, the landlord had already had the locks changed and the agent wanted nothing to do with it! I want to take him to the Small Claims Court. Do I claim for the balance of the security £540 and is this the sum I state in the Letter Before Action or do I claim for £1,620 (£540 x 3)? Failing that do I state the entire original deposit amount of £1,200 bearing in mind he has paid back a portion of this. HELP!!

[AngelofSol]

You may still be able to sue him for x3 the deposit amount being that you have not received your deposit in full and it wasn't protected.

 

In this case it may go a long way with a judge even if he tries to protect the portion of the deposit after the fact because since he's paid you back a portion of it he can not deposit all of it.

 

As I understand pet deposits they are added security against damage to the property since pets may cause additonal damage and require cleaning up after beyond what would normally be expected. However if the property was returned to the same condition minus wear and tear then that additonal money has to be returned. Of course I could be completely wrong about this and if I am I hope someone who knows more will come on and correct and educate me regarding this matter.

 

This is the UK and not the USA where the laws are different and where pet deposits can be made non-refundable.

 

At the very least I would check to see what your Tenancy Agreement says regarding the deposit and/or the pet deposit. Is it listed as one lump sum under the section regarding the deposit, or are they listed separately? If listed separately does it say that the pet deposit is non-refundable?

 

Was a check-out report and inventory done and signed by you? If not then that will help your case.

 

Unfortunately once the tenancy has ended the LL has no obligation to let you back into the property. The Letting Agent was unfairly deceptive to you regarding the fact that they, without having prior approval and consent of the LL agreed to let you clean the property after the tenancy had ended. Unless you have something in writing showing that the LA had agreed to such an arrangement there is little you could do.

 

If you do have something in writing from the LA regarding this then if you do get slapped with the bill for cleaning then ultimately you could turn around and sue the LA for that amount. But you would need to prove it.

 

As far as your inquiry goes about the amount to sue for I'd say you should sue for 3x 1200 (3600) as this was the original amount of the deposit and that is the fee, regardless of what he has returned to you. On top of that amount add the remaining balance of 540... =4140

 

You will no doubt have to explain this, that he returned some of it to you, you are suing for the penalty of the full amount and the return of the rest of it. I don't think I've ever heard about a case quite like this one.

 

Regarding deposit suits like this they generally are no longer relegated to the small claims/fast track. You're probably going to want to add on interest and court fees. It might be best for you in this situation to consult a solicitor specialized in Landlord and Tenant law. They will be best able to advise you in this matter.

[malvernman]

Thanks for the pointers, I really appreciate it. I'll keep you posted what fans out.

[AngelofSol]

Any news?

[malvernman]

Just come back from hols, will be proceeding over the next few days. Will advise.

[malvernman]

I have completed a letter before action and an N208 but have some questions before I send.

 

1. I am serving on the house I rented as I have been unable to find out an address in England/Wales for the landlord. I know he is working/living in New York. Is this OK or am I wasting my time and money?

2. When I collected the N208 forms from the Court, the receptionist said I should be filing an N1. All the vast majority of threads seem to advise N208.

Again is this correct or am I wasting my time and money again?

3. Is the cost to me just the £150 for submitting the N208 forms or will I have to pay for hearings etc?

Am I worrying about nothing ???!!!

[Kentish Lass]

I have completed a letter before action and an N208 but have some questions before I send.

 

1. I am serving on the house I rented as I have been unable to find out an address in England/Wales for the landlord. I know he is working/living in New York. Is this OK or am I wasting my time and money?

 

Your AST should have provided you with an address for your landlord for the service of notices. I suspect this was the agent. I would send copies to both addresses.

 

2. When I collected the N208 forms from the Court, the receptionist said I should be filing an N1. All the vast majority of threads seem to advise N208.

Again is this correct or am I wasting my time and money again?

No. The receptionist does not know what he/she is talking about. These claims are not done via small claims any more, but use the Part 8 procedure and Form N208 is the correct one.

 

3. Is the cost to me just the £150 for submitting the N208 forms or will I have to pay for hearings etc?

Am I worrying about nothing ???!!!

 

You need to be very aware that unlike small claims, these deposit + 3xdeposit claims are multi-tracked which lays you open to all the costs (yours and the other side's) if you lose. These could be in excess of £1,000. However, if you win, of course, the costs. Make sure you claim for all expenses etc.

 

There are a number of previous postings on here which give details of how to go about making these claims.

[malvernman]

Kentish Lass......thanks for your guidance. Unfortunately I cannot afford to take the risk and gamble £1,000+-, even though my former landlord did not protect my deposit and I (only just) do not qualify for legal aid. He has returned two-thirds so do you think I should take him to the Small Claims and complete an N1? Can I still use my main arguement that he did not protect my deposit to get back the balance of what he owes forgetting the X3 amount?

 

There was an "agent".......turned out to be the tenant above us. She advertised the place, showed me around, drafted the lease and signed on behalf of the landlord. The day I moved out coincided with the day she came back from holiday, so we both agreed to do the usual end lof leases things the following day, one day after the expiration date. When I went back to the property to hand back the keys the landlord had already changed the locks and sent in cleaners and charged me their costs! The agent/tenant had washed her hands of the situation and was afraid of getting further involved in case the LL kicked her out. I did sign an inventory when I moved in, and I still have the keys to the property because no one has given me instructions on what to do with them and I moved out at the end of August!

 

I feel hard done by especially from the agent/tenant and feel I was taken for a ride, just like his previous tenant and I am sure his existing tenants will be as well. I thought TDS was supposed to stop rogue LLs like this!

[Kentish Lass]

You could try the small claims for the balance of the deposit - don't think you will get away with trying for the 3xdeposit penalty but you never know!!