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ironica
17-01-2009, 03:15 AM
Hi, I am new to this site but am hoping for clarification reagrding my situation. I moved into a property through a letting agency in June 2008, this was a finders only, not a managed one. It was a 6 month tennancy. I moved in with my partner. I paid a deposit of £1150 to the letting agency and was told it would be placed in a government scheme and returned when we left. This is the first time i have rented, so i was not aware of the all the regulations. I split up with my partner after 2 months, but continued to pay all the bills, including the rent. I paid the rent in cash to the landlord, we met up once a month. I was concerned that the house should be kept in good order, so i advised him of the situation and he said he would visit from time to time. We got on well enough. My last payment was due in November as i had paid a month in advance. Unfortunatly due to him being out of the country and me being ill we found it difficult to meet up for the final payment. He then said he would take it out of the deposit money. This rang alarm bells and i rang the DPS, they confirmed they had no record of any deposit. The landlord confirmed he had the deposit with him and not to worry. Unforunatly we are now in dispute about the remainder of the deposit he owes. I have written to him requesting the money back, after providing all the information about the final bills being paid off. He has written back telling me he agrees, but there are a few other items to be added. He has a list of over £600 of claims, which is nearly £200 more than what he owes me. He is prepared to forget about it and leave it at that. I do not agree with all the claims he makes, except one for £72 for cleaning. I have been made aware of the deposit laws from a friend of mine who is in even a worse state than me. I have written to him advising him of the reasons why i dispute his claims and have asked for the return of the balance (£355). I have also informed him that by not placing the deposit in the scheme he has denied me the opportunity of arbitration. I have toild him i will be issuing a court summons for his failure to protect my deposit unless he returns my deposit.

I am aware that i can sue him for 3 times the deposit no matter what, but i feel this would be unfair if he returns my deposit OK. If not then i will file.

Am i taking the righ approach? Any advice would be welcome.

Ironica

P.Pilcher
17-01-2009, 08:57 AM
It sounds O.K. to me - the deposit protection laws were designed to thwart the tiny minority of landlords who consider this practice acceptable. I hope your letter gets your deposit refunded P.D.Q.

P.P.

Preston
17-01-2009, 10:18 AM
Hi

Sounds like a reasonable approach to me too. I take it from what you have said that the tenancy has ended? If so, you are pretty much guaranteed success if the tenancy is one of those for which deposits must be protected(ASTs from April 6 2007), so if the landlord doesn't compromise he is probably officially mad.


Preston

ironica
20-01-2009, 00:48 AM
thanks for the views. Yes the tenancy ended on 20th December, it ran for 6 months. I sent the letter yesterday, clearly stating that if he chose not to return my deposit within 14 days i would be issuing a County Court summons for his failure to protect my deposit in the government DPS, as stated in the contract. As he runs his own communications business i rather thought he would be more inclined to communicate!

Ironica

ironica
23-01-2009, 22:26 PM
Looks like the landlord is ignoring my letter so i may have to file for his failure to secure my deposit. can i do this online? Or will i have to file manual paperwork in a court?

any advice would be appreciated

Ironica

justaboutsane
24-01-2009, 08:10 AM
Think you can file it online, there was a thread around here telling you which forms to use. Good luck.

ironica
28-01-2009, 01:51 AM
it looks like my landlord has chosen to ingore my letter and i will now be looking to take action to sue for 3x deposit. The tennancy was a joint one, but we are now apart and have no idea where she is. I paid the deposit myself (clearly stated in the tenancy agreement), can i file in my name or do i need the other joint tenant to agree? This could be a problem if i have to include her.

Your advice would be appreciated

Ironica