Getting our deposit back from dodgy landlady!

[Sherlock51]

Hi guys.

 

I put out a message yesterday outlining a part of our predicament with ex flatmates, but thought I'd just tell you the entire issue. It concerns, essentially, getting our deposit back.

 

Below is a little description of our situation.

 

 

I have been in touch with our landlady for about five weeks about getting our deposit back.

 

Until a few days ago, she had promised to send it over to our new address, after ignoring my emails for about three weeks. However, she didn't put it in writing, she told me by the phone.

 

I then rang her the other day (she carried on ignoring my emails) and she made a number of accusations of us having taken items from the house, including a hoover (which is actually mum's), curtains (which, as of last month, are in the house) and cutlery (also rubbish, we have cutlery already).

 

She also gave me the impression that it was for this reason, and disputes we're having with our ex flatmates about outstanding bills (she took their side), for us having difficulty getting our deposit back, although she didn't say that it appeared fairly obvious.

 

I also have to give her a copy of a key i have for the house, which ill send over tomorrow by post (hopefully this shouldn't be an issue? I haven't been back to the house anyway, and forgot about it as we'd already given a key to the new flatmate).

 

Anyway, according to newish legislation, from 6 April 2007, when a tenant pays a deposit for an assured shorthold tenancy (which is what we had) in England or Wales, the landlord or letting agent must protect the deposit into a Government-backed tenancy deposit scheme.

 

She hasn't done this, nor did she send a letter within the stipulated 14 days to say that she had received our deposit and that it was in a scheme.

 

Because the deposit doesn't appear to have been protected, she's breaking the law. The law says that if she hasn't done this, provided i win the case in a small claims court, she will have to repay 3 times the amount.

 

I'd like to know how much of an issue the claims to the curtains, cutlery and hoover is going to be in terms of settling this dispute over the deposit. I don't imagine that she will admit to being wrong about the items, and will continue lying about it.

 

Also does the dispute about bills with the ex tenants affect anything to do with our potential small claim for return of the deposit? Does it affect anything?

 

Finally, who do I go to to kick off the action against her? We've been told we're earning too much to go to the Private Tenants Advice Service, and CIB don't appear to be much help.

 

On a slightly different note: She claims that we did an inventory when we lived in the house previous to the last one (we lived in two of her houses consecutively). this is simply untrue, we never did one, and certainly never signed off on one.

 

She also said she will be doing a new inventory. This is totally lousy behaviour, she could claim anything is in the house, and there isn't anything we can do about it.

 

 

 

Anyway that is basically the ins and outs of the situation. Let me know what you think when you get the time!

 

 

Cheers guys

[honeybee13]

Hello and thank you for posting again.

 

This thread looks as if it would be best dealt with in the lettings forum, as the Welcome one isn't ideal.

 

I'll move this to the lettings forum and also post a link to your thread about the TV licence in case it's relevant.

 

My best, HB

[honeybee13]

Here's a link to the other thread just in case.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?369301-Ex-flatmate-wants-us-to-essentially-pay-his-bill-!&p=4018718&highlight=#post4018718

 

HB

[Sherlock51]

Hello and thank you for posting again.

 

This thread looks as if it would be best dealt with in the lettings forum, as the Welcome one isn't ideal.

 

I'll move this to the lettings forum and also post a link to your thread about the TV licence in case it's relevant.

 

My best, HB

 

 

Great, thanks. Will i still get email notifications in the new section? Cheers