Wording a email to landlord no protected deposit and not returned 6 weeks after move

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Wording a email to landlord no protected deposit and not returned 6 weeks after move

    I have many threads though my last one wasnt replied to.

    I moved out 21st June, never heard back from LL about deposit return so I emailed back, the LL refused to release till I provided proof of there being no debt at property like utility or phone bills(despite being in my name)

    I left it about a week or two as was on holiday and then had to settle in new place and then emailed again and he wanted originals for proof(which sent alarm bells ringing) I then contacted all 3 deposit schemes and there is no listing of any protected deposit in anyones name at the property so I assume hes doing a dodgy thing especially due to past actions like writing rude emails about state of house despite it being clean and almost perfectly tidy bar everyday untidyness like floor needing hoovered.

    What shall I write as worried that if I just say something along the lines of that I am unhappy that 6 weeks after I moved I still havent got money, and I had to contact him to ask what was happening, plus I believe he is pulling a fast one since I have contacted all 3 schemes and they all say there is no record of it being held and he isnt bothering to keep in contact that he can use that message against me.

    #2
    I would write to him and notify him that unless you receive your deposit back in full within 7 days you will be seeking a claim against him via the small claims court and he will also be liable for your costs in this matter. Mention the penalty for non-protection of the deposit (not sure this applies as you have moved out but worth dropping into the letter). Hopefully this will prompt him into action. If not then take him to court.

    Comment


      #3
      Do not email - you need to send a printed letter and obtain a free certificate of posting from a post office counter.

      It should be sent to the LANDLORD, not the agent, at the address specified for the service of documents on your tenancy agreement. This may be the agents address, but still address the letter to the landlord.
      letter before action

      Dear Mr XXXXXXXX

      RE: 123 High Street, Anytown, AT1 2AA

      On the XXX of XXX 20XX I/We paid you a tenancy deposit of £XXX in respect of the above property.

      The Housing Act 2004 introduced the concept of "Tenancy Deposit Protection" and obliges private landlords to protect/register all tenancy deposits with one of 3 approved schemes.

      I/We have verified with all three schemes that the deposit you hold was NOT protected by any scheme. This is unlawful.

      You must refund the outstanding balance of my/our deposit IN FULL within 14 days. If you fail to do so, I/we shall sue you for the balance due PLUS the statutory penalty for non-protection of deposits, which is three times the value of the deposit.

      Yours sincerely


      This letter makes reference to a penalty of 3x the value of the deposit. This is specified in the 2004 Act, but is not a simple claim, and you should take legal advice before contemplating it.

      However, if you haven't been repaid within 14 days, you can commence a claim for the deposit only at http://moneyclaim.gov.uk. There are fees, but if you are on a low income, you may be able to reclaim them. If you do have to pay, presuming you win your case, the landlord will be ordered to refund any fees you have paid.

      The small claims process is quite simple and doesn't require the services of a solicitor. However, you might find it useful to obtain a book on the process - a number are available from your local library or Amazon.

      If the landlord doesn't pay, you may have to take enforcement action which could include freezing his bank account or having a charge put on the rental property.

      Comment


        #4
        Shall I write anything about the lack of his communication and his demand to see paid bills despite them being in my name.

        Comment


          #5
          NO, keep it simple for now. If he wants to argue about utility bills, he can do so in court - that way he will have to provide proof and you will therefore know what is legit and what isn't.

          Comment

          Latest Activity

          Collapse

          • Reply to Ending contracts
            by ash72
            You should be able to leave the contract, if there isn't anyone living there and you don't want them to find another T, then they don't make any money. But read any contract you signed.

            You should read the comments in this forum about renting to friends and family - just don't do it.
            21-05-2022, 14:57 PM
          • Ending contracts
            by Pineapple288
            2 questions. I rent my BTL property through a letting agent. The current tenant has handed notice in. Am I right in saying I can now leave this letting agent?

            Second question, the.reason I'm leaving the agent is because a very good friend of mine would like to rent he property. If she wants...
            21-05-2022, 11:59 AM
          • Reply to Noise from rented property
            by DPT57
            Interesting, but it sounds like the university is definitely exceeding its authority and a clued up student could easily challenge any sanction they tried to impose.
            21-05-2022, 14:47 PM
          • Noise from rented property
            by zcacogp
            Hi,

            I have a question to which I suspect I know the answer, but I'll ask it anyway.

            We live in a house whose garden backs onto other gardens. One of those houses is let to a group of students.

            The students are given to making noise in their garden, particularly...
            18-05-2022, 11:36 AM
          • Reply to Ending contracts
            by DoricPixie
            As Artful says, you'll need to read your contract with the letting agency to see how and when the contract can be terminated.




            It seems more likely that your friend signed a new 12 month fixed term contract in January than the the tenancy agreement having an abnormally...
            21-05-2022, 14:02 PM
          • Reply to None UK Wife Joining Tenant on a Period Agreement
            by Mldn
            To conclude with an update:
            Landlords in this position strongly advised to speak to Home Office Landlord Visa section in the first instance. You many experience a 'to-ing and fro-ing' between that section and the Landlords 'Right to Rent' section. See what they both say. They should both be advising...
            21-05-2022, 13:58 PM
          • None UK Wife Joining Tenant on a Period Agreement
            by Mldn
            My tenant has been on a periodic agreement since September 2016. He has been a good tenant. His partner who was with him when he first rented left the property and was not replaced.
            He is now on a periodic agreement. I have not raised the rent since September 2016.

            He has explained...
            06-05-2022, 12:34 PM
          • Reply to Whatever happened to the tidal wave of evictions?
            by SouthernDave
            mr Khan is a moron...
            21-05-2022, 13:53 PM
          • Whatever happened to the tidal wave of evictions?
            by jpkeates
            The latest government figures for possession claims have been published, which cover January through March 2022.
            That's post Covid restrictions and would probably include most of the last of the Covid backlog.

            And there's no sign of the massive wave of evictions and resulting mass...
            19-05-2022, 10:46 AM
          • Reply to Section 21 During Contract Period
            by DPT57
            I think there's some date confusion above. If your 6 month fixed term tenancy began on 9 December, then it ends on 8 June. If you leave by midnight on that day then there will be no penalty or advance notice required. If you stay beyond this time a statutory periodic tenancy will arise. S5(5) of the...
            21-05-2022, 13:34 PM
          Working...
          X