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

[duomaxwell]

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.

[Poppy35]

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.

[Snorkerz]

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.

[duomaxwell]

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

[Snorkerz]

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.