getting deposit back, could really use some help

[DONYID]

I have looked over the forum and all do there seems to be soooo much help on here i am feeling a bit confused as to what i do and don't need to do

 

i will try to explain my situation as best i can and want to thank anyone in advance for any help provided

 

i moved into my property in September 2010, i paid a deposit of £975 which on my tenancy clearly states is protected with mydeposits.co.uk (i have this cofirmed in writing and emails that my deposit was and has never been protected with any of the 3 schemes)

 

around 4/5 months into the tenancy i had a call from the letting agent stating they had missing rent payments on my account (they stated 8 weeks) and then proceeded to start a court case against me to get an order to get possession of the property (i was 100% sure they was incorrect but by now they had already contacted newham housing benefits who had suspended my claim two weeks prior to the contact from my letting agent so if i was 8 weeks in arrears when they contacted me i could of only been 6 weeks in arrears when they contacted newham - not that i was in arrears at all)

 

they called me up and stated this needed to be sorted ASAP or me and my son would be homeless. So they mentioned the fact if i wished they could use my deposit against arrears until this was all cleared up and that i also had to setup a re-payment plan)

 

i agreed to this as i new one way or another i would prove i was right, i visited newham and agreed that the rent could be sent direct to them and that i was going to go court and show my proof . A few weeks later i received a call from the letting agent stating they was '' So sorry '' that there had been a mistake and my rent had been sat in an account where they wasn't able to tie it to my rent account

 

the very next day i received another call stating in fact i was still in arrears but only 6 weeks and so the court case was canceled, giving me no where to show my proofs i was not in fact in arrears at all

 

two months ago i received a section 21 (after a phone call from them stating current landlord was selling the property and wanted me out)

 

this again turned out to be a lie as the landlord had suffered enough from this shady letting agent and had in fact started a new contract with winkworth and was more then happy to let me stay where i was and i have since signed a new tenancy

 

my problem is now they are refusing to give me my deposit back, in fact they are ignoring me and shelter all together

 

shelter have stated the following

 

1) they cannot use your deposit for rent arrears as it was never proven rent arrears and your deposit was never protected

 

2) that as my deposit was never protected i could claim it back + 3 x the amount

 

3) that if my deposit has been protected they could of made a claim for rent arrears and use my deposit for that but a letter they sent me stating they used my deposit for rent arrears (even do the so called arrears never decreased was invalid anyways)

 

i am just confused as to what i am meant to do all i want is my deposit back and to put this sorry mess behind me i have canceled the payment plan on shelters advice as again they say the fact they don't no whats owed and whats not is not a good sign

 

does anyone have a template letter i can send them to request my deposit back, if they ignore that what do i do next any advice or templates would really mean a lot

 

so a recap

 

1) deposit paid never protected even do its stated it was

2) they say my deposit was used for rent arrears but never reduced arrears and ive been informed they cannot do this anyways mid tenancy

3) filed a court case stating i was 8 weeks in arrears which they later canceled

4) served me an invalid section 21 (due to no deposit protection) station reason was landlord wish to sell property which was a lie

 

ps. sorry for my spelling and lack of grammar i have done this all via a mobile it was hard work trying to remember not to use text speak

[Snorkerz]

The contract is with the landlord. Foget the original agency, deal with the landlord.

 

As you are still in the property, you have no claim for your deposit back.

 

When you signed a new agreement with the landlord - did he take a new deposit off you?

[DONYID]

but the landlord never received the original deposit this was given to the letting agent who where the ones who kept it and never protected it, in fact my original landlord new nothing about a deposit. They have not requested a new deposit no as they stated '' they don't ask for deposits and never have '' so i am confused as to why the landlord is the one who has to deal with it as i had no contact with the landlord (other then them fixing problems in the property as they didn't trust the letting agent)

 

my contract was with the letting agent and the deposit was also provided to them which they confirm in writing when they state they can use it for the arrears that's its in there possession

[Snorkerz]

my contract was with the letting agent and the deposit was also provided to them which they confirm in writing when they state they can use it for the arrears that's its in there possession

Do you have your original tenancy agreement? Who is shown as the landlord on it? (Lets call them Mr A or Agency B)

[DONYID]

on my tenancy it states

 

THE TENANT - with my name and address under it

THE LANDLORD - with the letting agents name & details under it

[Snorkerz]

In view of your last post, I apologise. The arrangement is unusual, but yes, your contract appears to be with the agency.

 

You seem to have had 2 consecutive tenancies for the same property

 

Tenancy A - up to 2 months ago with shady agent

Tenancy B - from the end of tenancy A - with either landlord or Winksworth

 

The 2 are totally separate and (if there are any) rent arrears from A do not affect B.

 

You need to write to shady agent, keeping a copy of he letter and getting a free proof of posting from the PO. In this letter, you should tell them what you want (return of your full deposit) and why (end of your tenancy on the day before the winkworth one started). Say that if you do not receive this within 14 days you will take legal action.

 

If the agent has not paid up in time, make a claim at www.moneyclaim.gov.uk. The agent may counterclaim for any number of things, but they will have to prove those claims. All you have to prove is that you paid the deposit to them initially. This page will give you more info regarding the court process - it's not difficult. http://tenancyanswers.ucoz.com/index/court_information/0-53

[DONYID]

thank you for your help is there any sort of template with what should and what shouldn't be written on the letter i sent, i was told not to inform them yet that i no that my deposit wasn't protected thanks snorkerz

[Snorkerz]

As that tenancy is now over, the issue of non-protection is irrelevant, you can't start a claim for non-protection after the end of the tenancy. http://tenancyanswers.ucoz.com/index/section_214_claims/0-45

 

Lets see if we can knock something up for you.

 

letter before action

 

Dear Sirs

 

RE: 123 High Street, Anytown, AT1 2AA

 

On the XXX of XXX 20XX I/We paid you a tenancy deposit of £XXX in respect of the above property.

 

This tenancy ended on xx/xx/2011. Please refund my/our deposit IN FULL within 14 days. If you fail to do so, I/we shall sue you for the balance due. This claim may also be subject to a penalty of three times the value of the deposit under section 214 of the 2004 Housing Act.

 

Yours sincerely

Now, as I said above, a claim for non-protection is a non-starter, UNLESS they claim that the tenancy is still ongoing.

[DONYID]

thank you so much, that's a great help, does the fact the section 21 has not expired yet and they threatened court action against my landlord station mr bla bla is our tenant and as such taking him has broken a set of rules and sections they quoted, does that not mean im still class as a tenant of there's ?

[Snorkerz]

No - the section 21 does NOT end the tenancy. The fact you have a tenancy from Winksworth proves that your tenancy with ths shady agency is over.

 

Can I check though, because this one is twisting and turning....

 

Does the person you refer to as your LANDLORD own the building/flat/whatever? or do you think he rents it off someone else?

Is your new contract between you and the landlord, or between you and Winksworth?

[DONYID]

the lady owns the flat as shelter did a land search i think it was for me my new contract with winkworth is between me and the landlord them selfs

[Snorkerz]

Great, that is the basis I was working on.

 

The issue between the landlady and the dodgy agents is between them. Originaly, she let the property to them, and they sublet it to you. All perfectly legit.

The landlady seems to have terminated the tenancy between her and the dodgy agent, meaning that the dodgy agent could no longer let it to you because they didn't have control over it anymore. That may, or may not, have been done properly, but it doesn't affect your situation.

 

Continue as planned

[DONYID]

can i ask one more question

 

as i stated my deposit was never protected, even do my tenancy stated it was

 

when they told me i was in arrears and was taking em to court i panicked and agreed to them using my deposit to offset the arrears while i proved they was in the wrong

 

they asked me to sign a peice of paper they said in the post - it stated i agree to allow '' bla bla agent '' to use my deposit of £975 towards rent arrears

 

now i am told by shelter this is illegal and the whole reason the bond protection scheme is in place

 

they was contacted on my behalf by newham homeless unit (i was at one stage going to be homeless) and they stated he cannot get his deposit back for the above reason

 

am i stuffed now ? should the letter i was going to send them from above template be edited to let them no i no my deposit was never protected and that i will take them to court if needs be

[Snorkerz]

Well there is no longer a deposit to protect is there?

 

You need to get all your paperwork together and work out - how much did I pay to this agency from when I moved in to the day before the Winkworth tenancy took over.

 

Then add up all the rent you should have paid for the same period.

 

Let us know if there is a difference.