Deposit not protected and landlord refusing to return

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    Deposit not protected and landlord refusing to return

    I rented a house a year back and paid £600 deposit. It was a private rent and the lease is ended and we have moved out.

    Our deposit was not protected as the landlord was a friend of a friend and was nice to us initially. But now he is not returning the rent saying he needs more time.

    I want to take him to court becuse he was horrible to us in the last few months and is unfair that he is not returning the rent. Can somebody please point me, where to start and what to do?

    Thanks

    #2
    Use Money Claim On Line service (MCOL). There are a lot of LZ threads about it.
    If you want, you can also claim- as a civil penalty- an amount equal to three times the unprotected deposit.
    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).

    Comment


      #3
      Originally posted by idnotfree View Post
      Can somebody please point me, where to start and what to do?
      Step 1: Send a letter before action, demanding the return of the deposit and giving a deadline (say, two weeks hence). Say that if you do not receive the deposit by that date, you will issue a claim in county court.

      Step 2: If he doesn't pay, issue a claim via Moneyclaim Online.

      (I recommend you buy a book on the small claims procedure to help guide you through as a first timer; there are a few on Amazon).

      Comment


        #4
        Originally posted by westminster View Post
        Step 1: Send a letter before action, demanding the return of the deposit and giving a deadline (say, two weeks hence). Say that if you do not receive the deposit by that date, you will issue a claim in county court.

        Step 2: If he doesn't pay, issue a claim via Moneyclaim Online.
        Just to add to that - if he calls your bluff but then pays up after you've issued your claim (having warned him first as above) - he will then need to reimburse you with the MoneyClaim Online fee, and if he doesn't you leave the claim in, and he'll be ordered to pay the fee.

        All presupposing that you are in the right, and that there's no valid reason for witholding the deposit etc

        Comment


          #5
          Thanks for your help guys. Not only I want my deposit back, but I also want the compensation (3*deposit) for all the trouble that we have faced. I have already requested him few emails and phone calls without luck. I dont want him to buy any more time and send a notice now. I suspect if I send another letter, he may give me my deposit back and I dont get the 3*deposit.

          Do I really have to give any more formal notice when I hae warned him so many times earlier or can I proceed the MCOL?

          Thanks

          Comment


            #6
            Originally posted by idnotfree View Post
            Do I really have to give any more formal notice when I hae warned him so many times earlier or can I proceed the MCOL?
            Yes, or there's a real risk that the court could go against you. Judges hate people wasting the court's time which is how he would probably see it.

            Comment


              #7
              Originally posted by idnotfree View Post
              I also want the compensation (3*deposit) for all the trouble that we have faced....
              The 3* deposit is not 'compensation', it's a sanction for non-compliance.

              I suspect if I send another letter, he may give me my deposit back and I dont get the 3*deposit.
              Do I really have to give any more formal notice when I hae warned him so many times earlier or can I proceed the MCOL?
              You cannot issue a claim for 3* deposit under s.214 Housing Act 2004 via MCOL. Form N208/Part 8 procedure must be used. This means the claim would be allocated to the multi-track, where court fees are considerably higher (well over £1,000 to get to the hearing stage) and you would also be exposed to your landlord's legal costs if you lost the claim.

              See http://blog.painsmith.co.uk/2009/05/...or-tds-claims/

              Also note that there were a couple of appeal court cases recently, and the rulings have yet to be published. Until then, it would be inadvisable to issue a claim, because the rulings may make it possible for the landlord to avoid the sanction by, for example, protecting the deposit late.

              Comment

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