Help to get deposit back please

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    #16
    Originally posted by jeffrey View Post
    Good. That sounds business-like.
    Yeah - I claim copyright!
    Originally posted by obiwan View Post
    You need to decide... do you just want the deposit back, or do you want to claim for the 3x penalty too?
    Originally posted by westminster View Post
    If you just want your deposit back, as you say, the simpler and easier option is to claim just for the deposit.
    I don't see a problem in including the threat for 3x in the LBA but only proceeding with a MCOL for the deposit. Yer average 'bad' landlord wouldn't necesarily see MCOL as much of a threat as essentially all he will be made to pay back (if the tenant bothers claiming) is what he is already holding from the tenant.

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      #17
      Thanks everyone

      I do understand the risk of the x3 claim, I also believe the letter the way that Snorkerz produced just explains that a threat is there for 3x the amount, but we do not necessarily have to pursue that course of action.

      With that threat he may just return the amount owed, then all is resolved to everybody's satisfaction.

      We shall see from the response we get, as to were we go next, hopefully no MCOL, but if we have to,we of course will.

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        #18
        Just out of curiosity, If the LL actually returns our deposit because of the letter that we send.

        Would it still be possible to chase him through the courts for the 3x

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          #19
          Originally posted by Sillyme View Post
          Just out of curiosity, If the LL actually returns our deposit because of the letter that we send.

          Would it still be possibly to chase him through the courts for the 3x
          Today - no

          However, there is a landmark case ongoing at present and the judge has declared that the decision will be handed down tommorrow. Wait and see!

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            #20
            Originally posted by Snorkerz View Post
            Today - no

            However, there is a landmark case ongoing at present and the judge has declared that the decision will be handed down tommorrow. Wait and see!

            Thanks for the swift reply

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              #21
              The judgment has been announced, but it doesn't really have a direct bearing on your question - i.e., can I still claim for non-compliance even if the LL returns my deposit?

              http://painsmith.wordpress.com/2010/...cision-on-tdp/

              The general view is, if you get your deposit back, you don't have a cause of action.

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                #22
                Thanks again, just waiting on a fax from the letting agent, to confirm our inventory check list when we left is all in order, and the rent paid for the extra few days.

                Just to confirm we owe no money, then the letter is on it's way, I shall keep you updated.

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