Landlord wont pay back deposit (deposit not in DPS)

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    Landlord wont pay back deposit (deposit not in DPS)

    Hi, This is my first post on this site.

    Ok so here's the situation. I have recently moved out from a rented flat. On the day I moved out I met the landlord and he looked around the flat and was very happy with the condition had kept it in. He then told me he would pay my deposit back in full in the coming weekend (I moved out on a Monday). I had spent quite a bit of time and effort ensuring that the property was clean and it was left in the same condition as I got it (if not better).

    Then on Friday I receive a call from the landlord (from a withheld number) saying, he'd been back to the property and noticed that the kitchen work surface was warped and had burn makes on it. This is totally untrue and I had taken pictures the day i moved out showing the condition of the kitchen and there is no damage.

    So obviously I was shocked and concerned about his allegations. I asked him if I could meet him at the property so he could show me the issues he was having. He said he was too busy and would call me back. He never did. Eventually I managed to get his mobile number from the letting agent that introduced me to him. So I called him up and he said he would need to replace the entire work surface and he couldn't give me my deposit back.
    After looking online I realized that my deposit should have been placed in a deposit protection scheme, so I asked him for the scheme he used and the reference. (deposit was paid after April 2012)

    His answer was 'Because i rent out more than 1 property then I don't need to use such protection schemes' This is not true and as far as I know he has broken the law. (I have a text from him admitting this)
    Eventually after threatening him with legal action he say he would pay me via cheque by sending it recorded delivery to my new address.
    The thing is I do not want him to know my new address as I don't trust him and he is a very dodgy character. So I arranged with the letting agent he used for him to give the cheque to them and I would collect it from them. I also gave him an option to leave it at a neighbor of the old rented address.
    He refused and kept pestering me for my new address.. with the excuse i need to send the cheque recorded delivery. II told him to pay me via bank transfer again he said no with the same excuse.

    So my problem is he says he will only send me a cheque to my address. (which I find very suspicious seeing all the other options I have given him.) I think if I do give him my address he thinks he can just send me a blank envelope via recorded mail and say that's proof he's sent me the cheque. I even met him in person recently and asked him to pay me then but he said he needs my address. So I have had enough and I think my only option is to take him to small claims to recover my deposit (possible 3x more)

    Anyways... sorry for the life story. :roll:

    My questions are:
    My deposit was initially paid by my parents to a introduction letting agent who then paid it to the landlord who then failed to place in a DPS (will this affect me claiming it back or could i take him to court on there behalf?)
    What can I/ should I do?
    Does he have anything to stand on if I take him to court? ( Can he argue he would have sent me the cheque but i didn't give him my forwarding address?) even though I arrange other options and met him in person to try and get my deposit?
    Should i give him my new address? (although i feel he will do what i stated earlier)
    How hard would it be to start a small claims case against him?
    If I wanted to take him to court to try and get back 3x the deposit amount would that still be small claims?

    I'm sure I have missed out some important information (is so let me know). But if you could give me any advice I would be Greatful!

    Thanks
    Jimmy B

    #2
    You do have a claim, against both the landlord and agent, even if he returns your deposit. I would give him your forwarding address anyway, if the empty envelope arrives, all you can doo is keep exact notes of what happens on what day. Judges have to work out who is telling the truth every day, and what are the odds, if you were sent a cheque for (say) £500, you wouldn't want to cash it?

    Such a claim is complex, though there are no-win-no-fee companies out there - they are of variable quality but all seem to charge a very high percentage of any award made.

    Have a look in the 'deposits' section of this website www.tenant-action.co.uk

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