Could a landlord be charged with theft if...

[Falkirk1298]

..they ignored all attempts to recover a deposit, including an approach via their solicitor? Would it then be fair to assume that they intended top deprive the tenant of their money permanently?

 

I'm asking on behalf of a friend who has been trying to recover a deposit since March, but can get no responce of any sort from the landlord. The contact address was the landlord's workplace but they have since gone bust. She subsequently asked the landlord's solicitor to deliver a letter on her behalf, which was done by hand. Still nothing. It's now difficult to believe the landlord is being anything other than deliberately evasive.

 

Any ideas?

 

TIA

[boylet]

Try using money Claim to reclaim your deposit.

 

Itll cost you about £120 wich the landlord will have to cough up when you win your case.

[Falkirk1298]

Try using money Claim to reclaim your deposit.

 

Itll cost you about £120 wich the landlord will have to cough up when you win your case.

 

Sorry, should have said this is in Scotland so MoneyClaim doesn't apply. The amount in question is £400.

[creesey]

Not sure this is the right forum for tenant/landlord disputes.

 

However, as a landlord (responsible), I can only suggest approaching ARLA Association of Residential Letting Agents , if you used a registered ARLA agent as an intermidiary, they may be able to offer some advice. There is also a body called national federational of residential landlords National Federation of Residential Landlords you might find they can offer some advice, there is of course the Citizens Advise Bureau (not sure in Scotland though).

 

Makes me sick that good landlords like me, have to jump through hoops (recent legislation) with handling of tenant deposits because of a few rogues, all too often the law abiding majority are hit by ill thought through legislation which still makes no difference to the law breakers.

 

Landlords home address should be made available to a tenant if they request it from the agent (much to my horror at times), but a good agent should show a duty of care which means disputes are rare, if ever.

 

If you've dealt direct with a landlord, try 192.com , absolutely brilliant, you can even track down the un-edited electoral register to track your landlord down.

 

Good luck

[meagain]

Makes me sick that good landlords like me, have to jump through hoops (recent legislation) with handling of tenant deposits because of a few rogues, all too often the law abiding majority are hit by ill thought through legislation which still makes no difference to the law breakers.

 

From personal experience, and that of many others I know, the "few" rogues are rather greater in number than you would have us believe. All too many don't take sufficient advice, and take a cavalier approach to the whole thing. My last landlady thought that because I was one month behind with the rent at one stage that she could give me 7 days' notice to quit and retain the deposit.

 

My first landlord, on the other hand, was clearly experienced, did things properly, and had taken the time to make sure of this. Relations were always cordial - we didn't always get written notice of visits, but we did always get notice, and rather more than 24 hours too. There is a lot of good landlords out there, and they are usually a pleasure to deal with. Unfortunately, there is also an awful a lot of bad ones too (far too many of them IMHO), and as a tenant you don't know they're a bad one until you're stuck with them for 6 months.

[ATI]

With all due respect. if you claim the deposit back via court and get a CCj there is very little you can do to recieve it unless you know where the LL is, you can then enforce the CCJ. it is time consuming and the law is wrong . there should be a way to get deposit back the moment you vacate the property not months later.

[meagain]

With all due respect. if you claim the deposit back via court and get a CCj there is very little you can do to recieve it unless you know where the LL is, you can then enforce the CCJ.

 

You have the address of their solicitor, then you file the claim against the landlord c/o solicitor. I believe the current address of the landlord would come to light during the case - though it's worth noting that if you go to court, there's a space on the allocation form for special requests and you can ask there for disclosure of the landlord's address.

 

there should be a way to get deposit back the moment you vacate the property not months later.

 

In some areas, you might be able to use a bond board. Some bond boards only provide bond assurance to landlords in respect of the poor or homeless, however, some will allow those that don't qualify to pay their own bond to the board into what is known as a "custodial scheme". You pay them your deposit, and they hold it. If there is any problem at the end of the contract, the landlord applies for deductions, the board decide whether or not the deductions are reasonable, and gives you the remainder of your money back.

[Falkirk1298]

Well, we've sent a recorded delivery letter via the solicitor giving them a week to pay up or its the Sherrif Court. We'll see what happens.

[Falkirk1298]

.....and what happened was a letter arrived from the landlord's solicitor saying they had passed the original letter on and had tried to phone her. Nothing has been forthcoming though, so small claims forms have been completed and will be lodged at court tomorrow.

[bobclark80]

Hi

Is the landlord the owner of the property? If so you could try land registry. It can be done on-line.

[Falkirk1298]

Turns out the landlord was also a company director, so her details were on the Companies House website.

 

They can run but they can't hide!

[Falkirk1298]

Update - deadline for payment passed on Wednesday and nothing appeared so small claims forms were lodged. However on Thursday a deposited cheque showed up on internet banking dated Wednesday - dontcha just love banks and their computer systems?????

 

In any event the small claim will be left in place until the cheque clears.

[Falkirk1298]

...which it did on Monday of last week. However by that time the small claim had been submitted and the cocts of that incurred. That was then followed by a letter - first in 7 months! - from the landlord blaming her lawyer for the delay and asking for the claim to be withdrawn. My friend is considering leaving it in place for costs and interest.

[POCA]

As far as I'm aware theft in Scotland doesn't require an intention to permanently deprive.