Landlord still hasn't returned deposit after 9 months!

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    Landlord still hasn't returned deposit after 9 months!

    Ok, bit of a long story, but i'll try to make it to the point...

    I moved into a rental in November 2006 (when landlords could still hold the deposits themselves) and finalised my tenancy in December 2007. The landlord came over a few days after and we went through the inventory report and all was to his liking. He said he would return my deposit within the next week, so I thought everything was concluded at that point.

    A fortnight later, after I still hadn't received my deposit back, he said that the reason is because he found mail at the rental house for him that was not passed on to him and apparently there was a bill in there for the land tax/service charges in which he was charged interest of around £3,000 for not paying it on time (very hard to believe).

    I argued with him that he was advised of his mail but never came over to pick it up, so I eventually gave up notifying him about it. Obviously this is not the point as it is his responsibility to deal with his own bills.

    He said he would meet up with me and go through this and then we together would decide what was fair (my opinion on what was fair was just to return my deposit in full). This meeting never materialised, so I decided to take it to the small claims court through HMCS.

    Firstly the letters were being rejected from the address I had obtained from him, and after I submitted a warrant, the bailiff said the landlords residence was deserted. I did a bit of research and was able to track down an alternative address.

    Again, the bailiff went to this new address and handed the warrant to his son. Two days later I got a call from a man (call him B) stating that the address was again wrong and that the landlord didn't live there and he didn't know where he was (B was a relation apparently). B was saying that HE was actually the owner of the property that I rented (has the same last name as the LL) and that he would go to the court and cancel the warrant saying that the person on the warrent didn't live there. (even though the LL's son took the notice and said he would give it to his Dad)

    B, who I have been liaising with is now saying that the LL is his brother and that the LL was only looking after the place whilst B was overseas. B is of the opinion that there was damage to the apartment and that would come out of the bond even though I know the LL was happy with the checkout inspection, and any damage (cracked tiles etc) were there before I moved in.

    Now I am of the opinion that the LL and B are the same person going by difference first names (maybe a middle name). The owner of the rental apartment and the residency of the LL and both under the same name (B's name) but the tenancy agreement was under the LL's original name.

    I don't know where I'm going to get with the bailiff, so I'm thinking of approaching a solicitor to get this sorted out. I'm out over £2,000 and now for me its the principle of the situation.

    Should I approach a solicitor, and if so are they able to help me? There has been warrants out for this Landlord before (according to the bailiff) so I convinced this guy is just dodgy.

    Any advice would be appreciated.

    Thanks in advance for your help

    Rusty

    #2
    Get a charge on the property. Go to Land Registry and find out who owns the property and get the charge put on, not sure how exactly you go about it but it sprobably the best chance you will have of seeing your money.
    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

    Comment


      #3
      Originally posted by justaboutsane View Post
      Get a charge on the property. Go to Land Registry and find out who owns the property and get the charge put on, not sure how exactly you go about it but it's probably the best chance you will have of seeing your money.
      Cannot put charge on property unless;
      a. owner executes Deed (unlikely, in these circumstances); or
      b. you obtain a County Court (or High Court) Charging Order.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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        #4
        Go on the land registry web site to get proof the property is in his name then do a online small claim with that as his address. If he doesnt defend it you win by default and he gets a ccj and with that you then apply for a charge against the property (never done it) Now if you know his bank details (sort code and acc no) because you may have paid rent by S/O you can apply to the court because of the ccj and have the money taken direct from his acc and he wouldnt know until it was too late. Wouldnt that be nice??

        Comment


          #5
          Originally posted by johnboy View Post
          Go on the land registry web site to get proof the property is in his name then do a online small claim with that as his address. If he doesnt defend it you win by default and he gets a ccj and with that you then apply for a charge against the property (never done it) Now if you know his bank details (sort code and acc no) because you may have paid rent by S/O you can apply to the court because of the ccj and have the money taken direct from his acc and he wouldnt know until it was too late. Wouldnt that be nice??
          I've gotten proof on property ownership as your mention above on both the place I tenanted and the property that I have requested the warrant to be sent to. Both are in the names of 'B' and not the name of the LL who was on the original tenancy agreement.

          Am I able to send a warrant out to 'B' even though his name isn't on the tenancy agreement, nor is it signed by him? (well it might be if it is in fact the same person!)

          Is it worth getting professional advice from a solicitor on this? Will they be able to take it any further or at least scare 'B' into submission of liability?

          Thanks
          Rusty

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