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help needed with n1 wording for return of deposit


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Hope someone can help with this problem- i moved into the property 1/1/2006 but the tenancy was renewed every january after that so should have been protected firstly a bit of background

i moved out after the bombshell of my landlord wanting to sell the house- thanks to the advise on another forum the landlord agreed to a mutual termination.

there was no inventory or pre-move in check on taking out the rental agreement 7 years ago & i moved out reasonably smoothly, had a company come & clear rubbish from the garage & garden, scrubbed the house from top to bottom including oven etc.. the only room i left to someone else was the loft room as i was not able to access it due o mobility issues.

the landlord failed to turn up on 2 occassions for a inspection so i drafted up a check list with all details of each room- changes made/not made etc..

posted this with the keys to the landlord- he called me 2 days later complaining about me not returning his chubb lock keys well in the 7 years i lived there i never had such keys- i'd left 2 beds there as was there when i moved in (much too my inconvinience as i had no bed too sleep on for 2 weeks) he complained about this & told me he would check his inventory- the only issue i agreed with was that the loft had not been cleared out (much to my annoyance) I offered immediately to collect a key from him to arrange clearance he said not to worry he would do it.

he still had not returned my deposit with any deductions or even acknowledged it so i sent him a further letter requesting its return- i have now recieved on the 6th Sept a letter stating that the house is in a poor state of cleanliness- and that he will be sending me a bill for full costs of cleaning etc.once he has recieved quotations..

Im slightly miffed by this as the house is now for sale listed in the local papers with pictures of these dirty rooms, encourageing viewings ASAP how can he be so in need of cleaning etc if he has people viewing it???

could i use the advert in the paper in a case at small claims as i think he is going to do all he can to avoid paying any of my deposit back- as an aside the deposit was not protected, when it should have been.- i have looked at the shelter but there is only advice on the n208 form- i think i need the n1 form but dont know if this wording would be suitable i also have no idea how to work out the interest for the deposit. any advice greatly recieved.

 

 

The Claimant claims under section 214(1)(a) of the Housing Act 2004 that the deposit of £575 required by the tenancy agreement dated 1/1/2007 in respect of the premises at XXXXXX made between the Claimant and the Defendant was not paid into an appropriate tenancy deposit scheme (in breach of section 213(1) of the Housing Act 2004), or that the Claimant did not receive the prescribed information concerning which Tenancy Deposit Scheme was holding the deposit within 14 days of the Defendant's receipt of the deposit (in breach of section 213(3) of the Housing Act 2004).

 

And the Claimant asks that the court make an order:

 

1. That the person who appears to the court to be holding the deposit do repay it to the Claimant, in accordance with section 214(3) of the Housing Act 2004.

 

2. That the Defendant do pay to the Claimant, within 14 days of the making of the order, a sum of money equal to three times the amount of the deposit, in accordance with section 214(4) of the Housing Act 2004.

 

3. The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from of £__ [worked out using the court's interest rate calculator on their website], and interest at the same rate up to the date of judgment or earlier payment at a daily rate of £_______ [worked out using the court's interest rate calculator on their website]

 

The Claimant is therefore seeking payment of £______ [four times the amount of the Deposit], plus the court fee and interest.

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suggest before you go o court, perhaps advise the LL that you are considering this action and he may change his mind about the damages and pay your deposit back.

But under the new legislation you can take him to court anyway for non-protection etc.

when did the tenancy actually end?

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