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moanygit
12-04-2010, 09:09 AM
I am moving out of my rented accomdation soon. and have a question in preparation for what I think will be the LL/LA's actions.

I moved in in October 2007, and neither recieved a inventory or any information of deposit protection from the LL/LA

Given the dealings I have had with the LA in the last 2 years, lack of repairs, ignoring my written reports of repairs, gemneral apathy etc. I fully expect them to refuse to return my deposit.
(at time of moving in, I simply agreed with LA and previous tenant, that I would pay over the deposit to the tenant I was replacing, I have documentary evidence of this agreement)

Question;
In the case of the LA not returning my deposit what are the steps I should take (given that thus far the deposit has not been protected, to my knowledge).

thanks

westminster
12-04-2010, 14:00 PM
I fully expect them to refuse to return my deposit.
(at time of moving in, I simply agreed with LA and previous tenant, that I would pay over the deposit to the tenant I was replacing, I have documentary evidence of this agreement)

Question;
In the case of the LA not returning my deposit what are the steps I should take (given that thus far the deposit has not been protected, to my knowledge).

I'm assuming this is an AST in England/Wales.

So, you paid your deposit to the departing tenant, in which case how would you expect the LL/LA to be liable for returning the deposit, or for protecting it?

moanygit
12-04-2010, 15:01 PM
I'm assuming this is an AST in England/Wales.

So, you paid your deposit to the departing tenant, in which case how would you expect the LL/LA to be liable for returning the deposit, or for protecting it?


Yes, AST in England

The reason I paid deposit to departing tenant, was on agreement with the LA, to ease the transition and changeover. (I knew her and was moving in with another friend) The previous tenant moved in before deposit protection was required.

My AST still states that I have paid a deposit (i.e. the deposit the previous tenant paid is still with them, but now essentially in my name).

At the time I had just returned from living abroad so had no idea the deposit protection rules had been brought in.
If I had known I would have ensured the deposit was protected.

P.Pilcher
12-04-2010, 16:54 PM
Hmm! Sounds to me to be a scheme invented by the landlord to avoid protecting the deposit! If the AST states that a deposit is required and the amount of this deposit, then you may be able to demand that the landlord return this deposit forthwith or face court action in which he might be liable to be fined 3x the deposit in compensation. Of course, I'm not a legal expert, so I would wait from an opinion from one of them before taking any further action.

P.P.

westminster
12-04-2010, 18:41 PM
The reason I paid deposit to departing tenant, was on agreement with the LA, to ease the transition and changeover. (I knew her and was moving in with another friend) The previous tenant moved in before deposit protection was required.

My AST still states that I have paid a deposit (i.e. the deposit the previous tenant paid is still with them, but now essentially in my name).
Yes, I understand what the deal was meant to be; the issue is proving you paid a deposit. Do you have evidence that you paid the deposit to the departing T, or evidence that LA is holding ex-T's deposit in lieu of yours? I'm just saying it might create problems if you tried to claim either for return of the deposit or for non-compliance, and there's nothing on paper to support your case. I'm not entirely sure that the tenancy agreement is enough, but I could well be wrong.


At the time I had just returned from living abroad so had no idea the deposit protection rules had been brought in.
If I had known I would have ensured the deposit was protected.
You couldn't have ensured it; all you could have done was pestered them about it.

But, anyway, in answer to your question regarding next steps if landlord doesn't return the deposit, then write a letter before action to the landlord, not the agent (keep a copy and get a free certificate of posting), demand the deposit, give a deadline to pay, and say that if you don't receive payment you will issue a claim in the county court. Easily done via Money Claim online. The small claims track is designed to be user-friendly to litigants-in-person and you don't need a solicitor to pursue the claim, but it'd be a good idea to buy a book on the small claims procedure (there are a few on Amazon).