What to do about deposit?

[joegdoyle]

I moved into my flat in 2005 with my girlfriend we always paid rent on time every month. We paid £725 deposit to the letting agent. In 2007 we renewed our lease then after that the landlord just let us stay there without a lease. During that time the flat was sold to another landlord & he let us carry on the arrangement.

We moved out in March & when we asked for the deposit he said either the previous landlord or the letting agency would have it. We checked with the agency & they said they gave it to the previous landlord. We told the landlord & he said he would contact the previous landlord & get the deposit back for us. So we moved to Ireland. Have tried contacting the landlord via email & text with no joy

Do we now say goodbye to our deposit or is there anyway of getting it back?

Should the last landlord have given is the deposit back?

Hope someone can help

 

 

Thanks

[The Carpet Cleaners]

It is your last LL (landlord) who must give the deposit back to you. If he feels that it is owed to him by the first LL then it is up to him to pursue it himself, but it is neither here nor there to your claim on him.

You should send your last LL a letter before action giving him 7-14 days to return your deposit. If he does not, then you must make a claim in the small claims court.

[joegdoyle]

The Carpet Cleaners - thanks for the reply

That's what I thought its not up to us to chase it.....do you know how I would go about small claims court seeing as I am now in Ireland?

[The Carpet Cleaners]

'fraid that side of things is not something I know about. I think the rules from Ireland are slightly different. Others on here will be able to advise you better.

[joegdoyle]

Im in Ireland now but the flat was in UK as is my deposit

[ericsbrother]

Yup, when 1st LL sold property he assigned all rights and responsibilites to new LL so new LL owes you the money. New LL will have claim against old LL if he wasnt told about the deposit or any other relevant matter.

[joegdoyle]

Ok so got in touch with LL

He is saying that we should reimburse him for painting, carpet cleaning removal of furniture etc

When we moved into the flat in 2005 it was not newly painted & the carpets were not new.

My wife before we moved out said she would steam the carpets & he said don't worry about it. We asked him about the furniture whether to chuck it or if he wanted it & he said he would sort it out.

3-4 years ago he got the bedroom painted & the bathroom done up & said he would do the lounge & kitchen but he never did so he knew he would need to do these anyway

surely he cant take our deposit for general wear & tear

I have just replied to him asking how much he is willing to pay, so will wait for reply

[raydetinu]

I take it the deposit was not protected as should have been, so LL is liable for that and you could sue him.

I take you have proof a deposit was in fact paid, receipt or part of original contract.

Or does new LL acknowledge deposit was paid and he had it!

He cannot make deductions for fair wear and tear.

Suggest you write and point out that deposit should have been protected and use that as a bargaining chip to get full deposit back.

[joegdoyle]

We have the original contract from the letting agency with proof of deposit paid

I think the problem with the LL is that he bought the property from the previous LL so not sure if he passed on the deposit or not

Either way we are out of pocket £725

[The Carpet Cleaners]

whether he passed the deposit on or not is really not your problem. As I said earlier, take the last LL to court for return of the deposit, and it is up to him to claim it back off the first LL.

[fletch70]

As far as I know there is no need for an old tenancy to have the deposit protected ,certainly mine isn't and when I offered to sign a new contract they said no as it would mean protecting the deposit.

[joegdoyle]

whether he passed the deposit on or not is really not your problem. As I said earlier, take the last LL to court for return of the deposit, and it is up to him to claim it back off the first LL.

 

 

 

yeah I'm waiting for him to get back to me.....I'll give him a day or two to calm down. If not I'll start proceedings for small claims court

[joegdoyle]

As far as I know there is no need for an old tenancy to have the deposit protected ,certainly mine isn't and when I offered to sign a new contract they said no as it would mean protecting the deposit.

 

 

 

Yes but surely I'm still entitled to get it back

[The Carpet Cleaners]

Yes you are. The deposit is always legally yours unless the LL can prove you owe for damage etc.

[raydetinu]

if you signed a new AST/lease after April 2007 all deposits had to be protected; however in April 2012 ( localism act ) allowed you to sue for non-protection even if you had moved out, providing new lease signed after April 2007 or went periodic after that date.

[joegdoyle]

if you signed a new AST/lease after April 2007 all deposits had to be protected; however in April 2012 ( localism act ) allowed you to sue for non-protection even if you had moved out, providing new lease signed after April 2007 or went periodic after that date.

 

 

 

When the lease ran out the LL didn't bother resigning a lease kinda just kept paying him monthly & he just left us alone

[raydetinu]

that's when it becomes periodic; as long as that occurred after April 2007, that's regarded as new contract in law. ( precedent has been set, not sure what case that was tho.)

and therefor the deposit must be protected, and subject to the 2012 rules.

[joegdoyle]

Ok been a week now & he's not getting back to me. The last text I sent him I asked him if he was willing to come to an agreement for the payment of the deposit considering he could reclaim it from the previous LL. What should be my next step? Should I text him back & say I want an answer as I will then be starting a claim or should I be writing a letter?

thanks for your help

[raydetinu]

You need to send a letter before action, asking him for deposit back in full, and give him 7 days to respond.

then start to sue him for return of deposit and non-protection.

he may well counter claim for some damages, however let the judge sort that out ( it must be fair and take wear and tear into account).

[joegdoyle]

How should I word the letter?

He says we should reimburse him for painting but he promised us he would do it 3-4 years ago but he never got round to it....should I mention this in the letter?

[raydetinu]

Just keep it simple; ask for deposit back or you will sue, and point deposit was not protected so liable for that; don't mention anything else.

then sue for deposit and judge to consider non-protection and that you want compensation.

As you have been there so long LL would have to decorate anyway, so don't mention it; if LL wants to claim let him and Judge will consider it.

[joegdoyle]

Ok.....been in touch with a mediation company for the last few months. When I originally contacted them I explained the complexity about the deposit. They said they could mediate so I went ahead & paid the admin fee. Basically they rang the LL, he said he didn't have it & they have now said that theres nothing more they can do. So now I'm back to square one. Do I get in touch with a solicitor? Will it end up costing more to get the deposit back than its worth?

[raydetinu]

Mediation waste of time and money!

You don't need a solicitor!

However you would have to do everything via UK court; have you an address in England you can use?

Then you can issue a LBA the file a claim via MCOL ( money claim on Line ).

If it goes to court, you may well have to attend though.