obiwan
01-02-2010, 18:11 PM
Standard AST, £480 deposit paid in September 2006.
New agreement signed every 6 months, last agreement signed in March 2009.
Moved out November 2009.
Deposit NOT protected, as confirmed in writing by my LL and in writing from the 3 schemes.
After I moved out the LL sent me a letter confirming the full £480 would be returned when I provided proof that all utility bills were paid. They wanted to see stamped bills though, which I couldn't provide because I paid them online. But I emailed them payment receipts which they've not objected to.
However, despite several requests, I've still not received the deposit back.
I'm about to send them a LBA, in the hope that will focus their minds. I really can't see how they've got a leg to stand on in court.
I was going to submit a normal claim for the amount of the deposit (N1 claim form). But would I have a valid case for going down the 3 x deposit claim route, because they didn't protect my deposit? Or is it too late for that?
From what I've read, the courts accept that if you sign a new tenancy agreement after April 2007 the deposit legislation applies, even if the actual deposit was paid before then. Though my LL confirmed in writing (in June 2009) that my deposit wasn't protected because it wasn't required to be.
What would be the best thing to do in my situation? I'm mainly bothered about getting the £480 back, but I certainly wouldn't be upset if they got hit by a big fine.
New agreement signed every 6 months, last agreement signed in March 2009.
Moved out November 2009.
Deposit NOT protected, as confirmed in writing by my LL and in writing from the 3 schemes.
After I moved out the LL sent me a letter confirming the full £480 would be returned when I provided proof that all utility bills were paid. They wanted to see stamped bills though, which I couldn't provide because I paid them online. But I emailed them payment receipts which they've not objected to.
However, despite several requests, I've still not received the deposit back.
I'm about to send them a LBA, in the hope that will focus their minds. I really can't see how they've got a leg to stand on in court.
I was going to submit a normal claim for the amount of the deposit (N1 claim form). But would I have a valid case for going down the 3 x deposit claim route, because they didn't protect my deposit? Or is it too late for that?
From what I've read, the courts accept that if you sign a new tenancy agreement after April 2007 the deposit legislation applies, even if the actual deposit was paid before then. Though my LL confirmed in writing (in June 2009) that my deposit wasn't protected because it wasn't required to be.
What would be the best thing to do in my situation? I'm mainly bothered about getting the £480 back, but I certainly wouldn't be upset if they got hit by a big fine.