Deposit Not refunded~ Nor was it protected, Over a year now

[sully123]

Good Evening all,

 

My Neice and a friend rented an apartment in a Luxury building residence, this was last year, I came here read all the rules and gave her this to send off to the LL.

 

Letter Before Action

 

Dear Mr XXXXXXXX

 

RE: 123 High Street, Anytown, AT1 2AA (The property address)

 

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

 

The Housing Act 2004 introduced the concept of "Tenancy Deposit Protection" and obliges private landlords to protect/register all tenancy deposits with one of 3 approved schemes.

 

I/We have verified with all three schemes that the deposit you hold was NOT protected by any scheme. This is unlawful.

 

You must refund the outstanding balance of my/our deposit IN FULL within 14 days. If you fail to do so, I/we shall sue you for the balance due PLUS the statutory penalty for non-protection of deposits, which is three times the value of the deposit.

 

 

This was done, sent recorded, also sent twice via email as well, even the letting agent sent some off for her.

Tenancy was originally for 1 year, but brought short as they had letters from mortgage company about charges etc.

 

 

Any way I done as much research as i could on the LL, The company he purported to work for, he had not worked for, for some years.

The house address he gave that he said he lived at and owned, He does not own, unsure if he rents it!

In emails he does say it was with TDS, We checked all 3 and another one I found out he stated in an email, Is there any possibility about claim 3xtimes the deposit?

 

Shall we also now send letters to the agent, as I have found this in the Tenancy agreement, and if we have no luck we can get straight on to the claims courts

 

NOTICE OF LL's ADDRESS

 

The LL Notifies the Tenant that the Tenant may serve notices(Including notices in proceedings) on the LL at the following address:

The address been the lettings agent

 

All letters before went to his address

 

 

 

 

 

 

 

 

 

 

 

 

[BRIGADIER2JCS]

Yes

[sully123]

Thanks for quick reply BRIGADIER2JCS

 

Is that a yes to just send the LBA to the letting agent?

 

Do we address LBA to the LL, and change the 14days to 21 days.

 

Who should then acknowledge the letter? The Agent or the LL?

 

Also what about the 3x deposit?

[BRIGADIER2JCS]

Hi, believe the agent must take responsibility

also as they have obviously been given authority

by the LL to receive service of documents, as would suggest

the letter before action goes to both.

The deposit should be repaid at 3 x the amount as the LL

and the agent have failed to insure the deposit.

Is the agent a member of any professional bodies??

[sully123]

How would I find out about Letting Agent being a member of any Professional Bodies

[BRIGADIER2JCS]

They would usually show their profession

qualifications/ membership of such bodies

on letter heads etc.

You could search them on line and see what

data there is there.

Brig.

[mariner51]

Tenancy has ended, 3x penalty is currently n/a.

I assume Ts vacated property before end of fixed term, poss with insuff/no notice, so liable for remaining rent. Any T damages/deductions?

How much was total deposit?

What is LL claiming?

What is T claiming?

[sully123]

 

1/ Tenancy has ended, 3x penalty is currently n/a.

2/ I assume Ts vacated property before end of fixed term, poss with insuff/no notice, so liable for remaining rent. Any T damages/deductions?

3/How much was total deposit?

4/ What is LL claiming?

5/ What is T claiming?

 

 

1/ Why not? others have succeeded

 

2/ Not Liable for remaining rent! In Contract tenancy can be finished early providing 4 weeks notice is given. This was done, LL and letting agent asked could we leave earlier and rent was paid for full month. No Damage, lettings agent explained that they were great tenants

 

3/ £1200

 

4/ Nothing, still not even had reply from last emails.

 

5/ deposit to be refunded, and if possible 3x the amount, as it was not put in any TDS

[BRIGADIER2JCS]

Your claim is reasonable and totally justified

in my opinion any claims from the LL fail because

of the failure to comply with the deposit requirements.

[sully123]

They would usually show their profession

qualifications/ membership of such bodies

on letter heads etc.

You could search them on line and see what

data there is there.

Brig.

 

Searched, Cannot find anything, I could call and ask.

[BRIGADIER2JCS]

yes indeed, strange though letting agents/ estate agents

are usually very keen to promote ther ''expertise''.

often spurious imho.

[raydetinu]

Defo wont get the 3x dead in the water now recent test cases have decided that.

Just sur the LL in the small claims court.

If going for the 3x it will be fast tracked to the county court and you will be liable for all costs and you will loose.

[mariner51]

All cases have subtle differences, open to interpretation. The latest Authority on 3x deposit after T ended is regarded to be

Gladehurst vs Haskemi, Court of Appeal May 2011

read at http://www.bailii.org/ew/cases/EWCA/Civ/2011/604.html

[sully123]

Hi, believe the agent must take responsibility

also as they have obviously been given authority

by the LL to receive service of documents, as would suggest

the letter before action goes to both.

 

 

Have checked the Deposit was paid to the Letting Agents, So The LBA is now certainly sent to both the Lettings Agents and LL.

 

For letting Agent do I just address as the name they use on the Shop front

[BRIGADIER2JCS]

Yes their trading name.

[raydetinu]

The LL is responsable for the deposit and thats who you should be proceeding against; Agent acts for LL.

If agent has done something wrong then LL has to take action against agent