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ironica
30-01-2009, 22:19 PM
i am at the point where i will be looking to claim for 3 x deposit as my landlord has failed to protect my deposit. We are currently in dispute regarding the return of my deposit and he has now failed to reply to my letter outlining my side of the dispute. The tenancy (6 months - which finished on 20th Dec 2008) was drawn up by a reputable agency, clearly stating the deposit IS in the DPS scheme. I found it wasnt towards the end of the tenure, but was happy to let that go so long as i got my deposit back. Without the opportunity for arbritation through the DPS i feel i have little option but to sue for the 3 x deposit. I have written to him and made him aware of my intentions, giving him 14 days to respond. This expired today. I have read so much on here about the process and it has been a great help. I have some questions before i go ahead, so if anyone can help me it would be good.

I will be out of the country for 3 weeks from 27th feb, should i wait until i get back before proceding? I am unsure of timescales as i have never been involved in anything like this before.

Is it possible to use moneyclaim online for this sort of claim? Or would i be better off going down to my local court?

The landlord has used his business address for communications, both in the contract with the agency and his correspondence with me. I have no "home" adddress, but he does respond from this address. Can i use this as his address in the court case as a private individual, rather than a business? His business is nothing to do with rental, he was renting until he could sell.

The tennancy was a joint one, but i paid the deposit - as stated in the agreement drawn up by the agency- and of course have the receipt and copy of the bankers draft. I have split with my partner and have no idea where she is now. Can i make a claim or does it have to be a joint claim?

lots of questions i know!

really good site, lots of help...
I feel lucky that the agency drew up such a proffesional document and itinerary, i have since seen so many problems with poor agency services.

Ironica

smr
31-01-2009, 11:28 AM
Hi Ironica,

Go for it. You're out of the property, sue his ass off for breaking the law if for anything.

Remember that breaking the law is an offense to the authorities. It's not play time here.

I too am dithering whether to take the landlord court for 3 x the deposit but the only thing holding me back is the fact that I am still residing in the property.

Do you think it would be best to move out first and then file the claim or does it not matter?

I have also not written to him asking for the Deposit details but I have verbally asked THREE times and each time he has brushed the question off and not told me. So I rang up each of the 3 TDPS companies and each one hasn't got our deposit.

If I was you I'd definitley go for it, you've got nothing to lose I don't think.

What would you do if you were in my shoes?

Perplexed
31-01-2009, 11:46 AM
I feel lucky that the agency drew up such a proffesional document and itinerary, i have since seen so many problems with poor agency services.

So glad you like the 'itinerary' from the agency.

Good travel agents are such a great asset nowadays... :D

sherifffatman
31-01-2009, 12:26 PM
Since he has not responded then you should send him a letter saying you are planning to reclaim the 3xdeposit in court.
That should wake him up and if it isn't protected he will have the fear
Then you are free to serve at his business address (required by Landlord and Tenant Act to be in the UK) as should be stated in the tenancy agreement.

However, does the agency have any interest in the deposit?
Are they managing the property and although it is the landlord's responsibility to protect the deposit, have the agency been negligent in their duty of care to him by not doing what they were contracted to do?

smr - try writing to your landlord stating that you have asked on specific occasions (dates) about the scheme as required by HA04.
This will provide you with evidence of request which must be responded to within 14 days.
If still no compliance then apply to the courts.
I appreciate it must be a trauma not knowing but please give your landlord a fair chance before immediately recoursing to compensation.
They can't charge you 3x the rent if you don't pay!

ironica
02-02-2009, 16:06 PM
i have written a formal letter today to the LL, posted it registered post.
I have also written to the DPS to give m written confirmation that the deposit is not in thier scheme. I have also written to the letting agency to alert them to the facts, as they are currently trying to re-let the property. The property is unmanaged. Although the agreement states the deposit IS in the DPS scheme i believe they just passed the money on to the LL (he has already confirmed he has the money with him). I do not think the LA has any further legal obligations, but they may well review the next agreement - saving hassle for the next tennant.

As for waiting until you leave smr, i believe there may be benefits in doing so. If you are still in a tenancy agreement the LL may deposit the money before you get to court, thus you could lose the case. But if you have already left i belive, from what i have read, this will not get him off. Also, a judge cannot direct him to put it in a scheme, he must direct payment to you.

Ironica

Maverich
06-02-2009, 15:46 PM
Hello,

I'm having a very similar problem to yourself and am currently in the process of writing a letter as you have just done. Can i just ask to the time limit you have given the LL to respond by? Also if the LL comes back to say you can have the full deposit back are you still looking to go to court as the deposit wasnt protected?

mind the gap
06-02-2009, 15:49 PM
Hello,

I'm having a very similar problem to yourself and am currently in the process of writing a letter as you have just done. Can i just ask to the time limit you have given the LL to respond by? Also if the LL comes back to say you can have the full deposit back are you still looking to go to court as the deposit wasnt protected?


If you have already waited ten days since the end of the tenancy I would set a further deadline of seven days before you commence court action.

If LL returns your deposit in full by your new deadline, I think the chance of your succeeding in any 3 x claim are remote, since the purpose of the legislation was to ensure LLs don't hang onto tenants' money without just cause - and that principle will have been adhered to.

islandgirl
06-02-2009, 15:53 PM
set off the claim via moneyclaim online. If it is disputed you then have it moved to your "home court" for the hearing

Maverich
06-02-2009, 16:02 PM
Thanks for the quick replies guys! I'll get the ball rolling tonight.

ironica
22-02-2009, 07:25 AM
my landlord has seen sense and sent me a cheque. However it bounced! I rang him and he is sending another. I await developments...

Ironica