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froglet
25-02-2010, 21:04 PM
Hello
I was wondering if anyone could help or advise on what I should do next
(its a long complicated story)

I am a tenant I have lived in a property for 3 years
I started the tenancy Feb 07, paid £550 bond to the then agent which was before the deposit protection scheme, the 12 mth tenancy agreement expired and we were on a rolling month tenancy agreement, which was fine
Sep 2008 I got a letter saying that we had a new letting agent, I later discovered the 1st agent had gone under,
in jan 2009 our new agent issued a new 6 month AST agreement, which expired and all was fine
jan 2010,I get a call from the LA asking,if I had a tenancy agreement, and if I knew where my bond was
during this time I have been calling to make the LA and LL that there are serious bathroom repair issues that need sorting, these problems could have been nipped in the bud a year and a half ago for a couple of hundred quid, but as they have ignored this its caused more and more damp damage

I have been battling with the LA to get someone out, and have been ignored and lied to repeatedly
whilst this was happening I got a call to tell me that my LL wasnt going to issue a new agreement to me and that my bond was lost, and that it was up to me to seek out the old letting agent, and persue the claim through small claims to get the money back from an insolvent company

I dug around a bit and discovered that the bond should have been protected when the new AST was signed in jan 2009,
Ive been to CAB and made my letting agent aware and suddenly the story changed, they admitted that they were aware of this, and that they had made my LL aware and he wasnt impressed, the girl eventually sympathised with me and agreed that it shouldnt have been broached like that, andy bond hadnt just disappeared and that my LL knew that it should have been protected, and that he would be very stupid to pretend that he couldnt give me it back

so thurs morning I have taken the day off work to wait for a maintenace man from the LA to come and cap the shower valve and fix the leaking toilet inlet valve, which are progessivley causing more and more expensive damage
I get a call 5 mins before he was due to be there, to inform me that no one was coming on that day (which has been normal practice for the last few months) numerous appointments have been cancelled or just plain ignored and Ive been sat waiting for someone to turn up

then thurs PM, my post turns up with a letter from a new LA to inform me that we have a new LA with immediate effect

I called my now ex LA, and they swore blind that they had no idea and that they only received a letter that morning themselves, and that they are furious with the LL for behaving like this, dragging his heels with the repairs and breaking a contract with them

I have now had enough of my LL, and this particualr LA,
I have decided that I want to move out, I have a viewing tomorrow for a new property with a brand new LA

I need to know where I stand, I am owed £550,but as the deposit wasnt protected at the time of renewal of the AST in Jan 2009, can I take my LL to small claims court,how does it work
should I bother doing this or just refuse my last monthst rent

any advice would be welcome

If anyone requires anymore info please ask
I understand that this is complicated matter, that is very confusing

Thanks in advance

froglet
26-02-2010, 07:29 AM
also
If I were to pay for a solicitor, how much should one charge in the Leeds area
Thanks

matthew_henson
26-02-2010, 07:52 AM
You will get better advice from CAB, there is no money in tenancy issues so most solicitors know very little about it

ram
26-02-2010, 07:55 AM
Thanks

The landlord is responsible to return your deposit if someone else he entrusted it to, lost it, spent it or went bust. The agent was looking after your deposit, on behalf of the landlord.

Looks like your landlord will not want to return your deposit ( a gut feeling ) so if you wish to with hold the last months rent, not advised, but you may have to for fear of a vindictive landlord.

you can sue for 3x the deposit if it was not protected, after a certain date, but as Agents have been changed so many times, and deposit paid before it had to be protected, and not after, then you probably cannot sue for 3x.

Just check your termination clauses also, if you are thinking of leaving, as you have had enough problems already.

froglet
26-02-2010, 08:07 AM
You will get better advice from CAB, there is no money in tenancy issues so most solicitors know very little about it

Ive been to the CAB and was told I need a solicitor,that was there advice to me, they coldnt have put me in touch with someone but I dont qualify for legal aid

jta
26-02-2010, 08:16 AM
The landlord is responsible to return your deposit if someone else he entrusted it to, lost it, spent it or went bust. The agent was looking after your deposit, on behalf of the landlord.

Looks like your landlord will not want to return your deposit ( a gut feeling ) so if you wish to with hold the last months rent, not advised, but you may have to for fear of a vindictive landlord.

you can sue for 3x the deposit if it was not protected, after a certain date, but as Agents have been changed so many times, and deposit paid before it had to be protected, and not after, then you probably cannot sue for 3x.

Just check your termination clauses also, if you are thinking of leaving, as you have had enough problems already.

Your contract is with your LL, it does not matter how many agents have been involved. Your LL is responsible for paying back the deposit at the end of the tenancy. It loooks as if your deposit should have been protected when you had a new AST, so you could sue for the 3x penalty. BUT, all the LL has to do is protect it before the court date and your application would probably fail.

Matthewhenson's advice regarding CAB is a bit hopeful, you are not guaranteed to find anyone at your local CAB with any deep understanding of LL/T law.

Have you checked with the 3 schemes whether your deposit is protected?

froglet
26-02-2010, 08:18 AM
The landlord is responsible to return your deposit if someone else he entrusted it to, lost it, spent it or went bust. The agent was looking after your deposit, on behalf of the landlord.

Looks like your landlord will not want to return your deposit ( a gut feeling ) so if you wish to with hold the last months rent, not advised, but you may have to for fear of a vindictive landlord.

you can sue for 3x the deposit if it was not protected, after a certain date, but as Agents have been changed so many times, and deposit paid before it had to be protected, and not after, then you probably cannot sue for 3x.

Just check your termination clauses also, if you are thinking of leaving, as you have had enough problems already.

Hello
I have the feeling that he wont want to give me my bond back
he doesnt want to do the repairs either, I have been told this by the letting agent I was under until weds this week

my tenancy was renewed Jan 2009 which I beleived meant the bond should have been protected at that point

froglet
26-02-2010, 08:20 AM
Your contract is with your LL, it does not matter how many agents have been involved. Your LL is responsible for paying back the deposit at the end of the tenancy. It loooks as if your deposit should have been protected when you had a new AST, so you could sue for the 3x penalty. BUT, all the LL has to do is protect it before the court date and your application would probably fail.

Matthewhenson's advice regarding CAB is a bit hopeful, you are not guaranteed to find anyone at your local CAB with any deep understanding of LL/T law.

Have you checked with the 3 schemes whether your deposit is protected?

Hi thanks for your reply

yes I have checked with each scheme and my money isnt in any of them
if I had a letter from each of them dated before I took any action stating that the money wasnt in any of them,would this stop him protecting at this point to cover his back?

jta
26-02-2010, 08:30 AM
You could start by sending him a 'letter before action' giving him seven days in which to protect the deposit and send you the prescribed information. That should concentrate his mind. If he does not respond then start a claim for the 3x penalty. Be aware that at this point you will have to put money down to start the claim.
All he has to do to defeat the claim though is to protect the money before the case comes to court, or to repay you the deposit in full.

If you do the 'lba' send it by ordinary first class post from two different PO's with free certificates of posting. Do not send it 'recorded delivery'.

karenlisam
26-02-2010, 08:33 AM
Not a legal answer as I'm going through the same myself but given they have aknowledged they don't know where the money is then can you put a request in writing and keep a copy and ask them to let you know within 14 days where the deposit is lodged and mention that you have checked and there is no record

At least if you get to the point where you think you need to withold the last months rent then you have some documents to explain why and mention the legal requirement to hold deposit

I would perhaps follow it up with a letter ( or send both at once) to the LA and LL suggesting that you propose if they still can not find the deposit within 14 days that they agree in writing that the last months rent can be used in lieu of deposit.

They could agree as they're in the wrong and you are offering a solution.

Maybe take photos or a video of the house when you leave so you have a record that it was left undamaged also so that no-one can say the deposit should have been used for repairs

Good luck

froglet
26-02-2010, 08:59 AM
You could start by sending him a 'letter before action' giving him seven days in which to protect the deposit and send you the prescribed information. That should concentrate his mind. If he does not respond then start a claim for the 3x penalty. Be aware that at this point you will have to put money down to start the claim.
All he has to do to defeat the claim though is to protect the money before the case comes to court, or to repay you the deposit in full.

If you do the 'lba' send it by ordinary first class post from two different PO's with free certificates of posting. Do not send it 'recorded delivery'.

thanks for that,
can I start a claim whilst being a tenant, and how do I find out more about how much it would cost and how to start a claim through small claims

oh and why not send it recorded delivery?

froglet
26-02-2010, 09:01 AM
Not a legal answer as I'm going through the same myself but given they have aknowledged they don't know where the money is then can you put a request in writing and keep a copy and ask them to let you know within 14 days where the deposit is lodged and mention that you have checked and there is no record

At least if you get to the point where you think you need to withold the last months rent then you have some documents to explain why and mention the legal requirement to hold deposit

I would perhaps follow it up with a letter ( or send both at once) to the LA and LL suggesting that you propose if they still can not find the deposit within 14 days that they agree in writing that the last months rent can be used in lieu of deposit.

They could agree as they're in the wrong and you are offering a solution.

Maybe take photos or a video of the house when you leave so you have a record that it was left undamaged also so that no-one can say the deposit should have been used for repairs

Good luck

thanks and good luck with your problems too

jta
26-02-2010, 10:05 AM
can I start a claim whilst being a tenant, and how do I find out more about how much it would cost and how to start a claim through small claims


Yes you can. Search the forum for how to do it. Put '3x deposit claim' into the search box.






oh and why not send it recorded delivery?

Because a lot of people do not accept recorded delivery, after all, they are rarely good news are they? The court will accept service has been done properly if you do it the way we say.