Deduction from deposit-deposit not protected

[PeteK]

I left my previous flat because of many maintainance issues.My landlord deducted £130 from the deposit £700 I paid while signing contract.I have all paperr including AST and receipts. I doesn't agree with the deductions. I found that she had not potected money in any TDS though she kept money in a seperate bank account.

I enquired about all the paper work including N208 claim form to initiate the claim. Also using various threads in this helpful forum, I came to know about various other requirments.

However, I still have following queries and would be grateful to have your advice.

 

1) The landlord didnt protect deposit in a deposit scheme though she kept money in a seperate bank account. Can I sue her for not complying with TDS to claim three times the deposit?

2) She did unfair deductions and returned £570 out of £700. As she returned most of the deposit, does it makes my case weak? I believe I deserved full refund and to avoid this I asked her the inventory list from the beginning but she failed to provide one.I have copies of emails requesting for inventory list.

3) The main reason I left flat was the maintainence issues including smoke alarm, washing machine etc.I can submit copies of email conversation as proofs. Should I include this in N208 claim form ?

4)Since the claim is less then £5000, will it be automatically directed to small tribunal court ?

5)If I win the case, will I be entitled to get court fees in refund?

 

Kindly advice

Edited July 28, 2010 by PeteK
Adding one more query

[cerberusalert]

Moved to Residential Forum

[Chiro]

I am a landlord and this is my opinion of the rules with regard to TDS.

 

As far as I am aware once the tenancy has ended the landlord cannot then protect the deposit in a scheme. All must be returned to you or you can make a claim. This should be for the amount still owing and 3x deposit. In fact the landlord should never had held your deposit unprotected.

 

I would put this in writing to the landlord as a letter before action giving 'X' number of days for full return of amount still outstanding or you will take legal action to claim this amount plus 3x deposit as allowed by failing to comply to TDS. Preferably send it recorded delivery or get a witness to observe you hand to the landlord in person.

 

With some luck it will be returned, but be prepared to use the courts. Keep any and all documents you have as evidence including emails. If he/she pays your deposit back now, you will not be able to get the 3x penalty because there will no longer be "a person who it appears to the court is holding the deposit or any part of."

 

The return now would be a good result for you without the need for a court claim. Good luck and keep reading through the threads, there is a lot of useful information and letter templates to help you. I hope this helps.

[PeteK]

Thanks Chiro for your advice.

The landlord deducted £132 out of £700 deposit. I hope she returns the remaining amount after receiving "Letter before action". However, if required later, do I have to claim thrice the amount of full deposit £700 or thrice the amount of £132 that she has not returned?

 

From your message, I gather that it should be £132(amount still owing) + 3 x £700(full deposit).

 

 

Please advice.

 

Thanks again!!

Pete

[Chiro]

As my understanding of the TDS non compliance in a word "Yes".

 

You only claim the outstanding amount owed, court fees (if applicable) & deposit X 3.

 

2100 + 132 + court fee