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View Full Version : Time limit for taking landlord to court for return of deposit?



ryouga
09-02-2011, 04:27 AM
I moved out last June and contacted LL in July, got the run around but kept forgetting to send him a letter to ask for deposit back formally and at the time I coudlnt get help as was temp living in Scotland so couldnt get legal aid,then it just slipped my mind.

I only remember now as I am very very desperate for cash so the £200 deposit is desperately needed.

So what can I do over 7 months on?

westminster
09-02-2011, 10:48 AM
You have up to six years to bring a claim for the deposit. But you must firstly send the LL a letter before action giving him the opportunity to pay before starting a claim. You don't need a solicitor to pursue a claim in the small claims track.

If the deposit was protected, then also contact the scheme in case they are still holding it.

theartfullodger
09-02-2011, 12:00 PM
Assume the deposit was in England..


forgetting to send him a letter to ask for deposit back formally and at the time I coudlnt get help as was temp living in Scotland so couldnt get legal aid,then it just slipped my mind.


..........

If you are still in Scotland then I think (maybe check with a Scottish CaB..) that such matters must be/you-can-chose-to-be handled in your local Sheriff Court. If so the mere threat of having to drive some significant distance to defend his position might "prompt" LL to do the right thing.

But as westminster says, start with "letter before action". Was it an AST started after April 2007?? If so it should still be in some deposit scheme I think. If not there are some sample letters here..
http://england.shelter.org.uk/get_advice/downloads_and_tools/sample_letters

ryouga
09-02-2011, 16:42 PM
Assume the deposit was in England..



If you are still in Scotland then I think (maybe check with a Scottish CaB..) that such matters must be/you-can-chose-to-be handled in your local Sheriff Court. If so the mere threat of having to drive some significant distance to defend his position might "prompt" LL to do the right thing.

But as westminster says, start with "letter before action". Was it an AST started after April 2007?? If so it should still be in some deposit scheme I think. If not there are some sample letters here..
http://england.shelter.org.uk/get_advice/downloads_and_tools/sample_letters

Tenancy started November 2009 ended in June 2010, deposit wasnt protected in any scheme as I rang all 3 who checked on both my name, LL name, other tenants name and property.

This was in England.

jeffrey
09-02-2011, 17:16 PM
Are you sure that it was an AST? Deposit protection rules (within the Housing Act 2004) cover only an AST; they do not cover the alternative type, a Standard Assured Tenancy (also within the Housing Act 1988).

ryouga
09-02-2011, 17:23 PM
Def an AST, and landlord kept making excuses about proof of deposit scheme constantly in the tenancy, i.e that I would get it within 14 days of moving in, then claimed he send emails that I must of deleted, or saying he would bring proof tot he property in the next day or so and never did.