Surely the onus is on the landlord to prove that he protected the deposit. If you have letters from the letting agent agreeing that you were a legal paying tenant and that you signed an agreement that should count? I never fail to be amazed by the british legal system the law is hardly ever on our side

Surely its an open shut case? the deposit wasnt protect the law was broken so it has to be awared 3X the amount?

Ha i very much doubt the law and common sense go in the same sentence, i wish you good luck i will be following this case outcome as i am also due in court for the same reason at the start of feb, landlord witheld the majority of deposit and didnt protect it so we decided court was the ony option after writting to him many times with no avail.

Have you approached the Letting agent for a copy of the lease that you signed surley they would have to keep a copy?

I moved into a house a few months ago and it stated no cats on the contract but what I did was ask the agent to contact the LL and ask for permission to keep the cats on the condition that if they did any damage to the property that I would pay for it and that I would have the carpets cleaned before we moved out. You could maybe do that, the chances are if you are a good tenant and its unfurnished and you offer to pay for any damage they might say yes, other than that i really dont know what to offer you. I hope you get to keep them though

Well today the deadline ran out for him to return the acknowledgement of service and state if he was defending th claim or admiting it, and we havent recieved any documents or heard anything, so i think i will have to ring the court tomoro and see if they have recieved anything. Im not sure what the implications are if he has missed the deadline though.

That we make an application to the court on the gounds that the landlord hasnt complied with the terms of the TDS by not protecting the deposit we also state that the landlord stated in the contract that he had protected it with mydeposit but had failed to do this

He just claims that it wasnt law at the time of signing to protect it which is rubbish because like i said we signed in Aug 07. He stated that we may or may not recall a conversation he had with us at the time stating that he would save us the £30 fee by no putting it into the scheme but neither i or my partner can remeber this conversation. Hes a pretty slimy landlord he took money off the deposit and refused to provide clear and dated photos to back it up, i just think really he is taking the mick. another point is hes a memeber of the NLA so he should have known about the deposit scheme well before it was introducted he even talks about it on his website!

Im in the process of taking him to court and we have a date set but I have recieved a letter today from him stating that my point about him breaching contract by not placing it in the scheme when he stated in the contract he would and had wasnt valid as it apparently wasnt a legal requirement for him to protect it then and so he didnt

If my landlord stated in my tenancy agreement that he was placing our deposit in the Mydeposit scheme and then failed to protect our deposit anywhere does this count as a breach of contract and make the contract void? the contract was signed and deposit was recieved on 08/08/07.

Ive had similar experiences with my union, there a waste of space and money, Ive been signed off sick for 6 months almost due to bullying from my manager, I turned to the union for help and see if they would take on my case however i was told that they wouldnt as my manager is also the chair of the union. My belief was that the union was there for everyone and now i think they arent worth anything.

The union in my office have never been very good there in eachothers pockets too much and wont speak out against their friends even if they are in the wrong. I had the meeting just under two weeks ago with work and it was two months after they have recieved the OH report. They asked for permission to write to my docotor about 4 months ago and i gave them it as my docotor is 100% behind me. My home insurance is with endsleigh i'm going to have a look online at my policy to see if it does ofer legal cover.

I am a member of the union but they have refused to help me as the chair happens to be who im being bullied by. I had someone recomend i contact regional and see if someone from there could represent me but im totaly deflated by it all i thought the union was supposed to be impartial and fight for all workers rights not just turn you away because they like the person your complaining about. I do have home insurance i will have to check if it has legal on it though.

The person who has done the buylling hs had complaints made about him before and because he basiclly kiss but and is very good friends with senior managers has had all the complaints swept under the carpert. HR have confirmed that if i take our a greviance and its not proven then i will be disipline and could be sacked for making fales algations. Ive see OH and the agreed with me but the OH said off the record that i should seek legal advice. When i saw the report he submitted to work i was more than a little anoyed as he agreed it was due to bullying i was depressed and stresed however once i return to work if i was absent again with the same reason or didnt return to work that i should be dealt with under the capability policy as i am not capabe of doing my job. This i think is unfair as i have been made this way by a member of their staff. Ive been left in a catch 22 situation take out a grievance and risk being sacked,return to work and risk my health or be signed off still and risk being sacked

I had a law friend complete the N208 claim from me and took it to the court before xmas the landlord was then served at the start of Jan, its the first time we've ever had to do this so im not so sure how it works or whats going to happen at the hearing.

I just wanted to let everyone know that i am curently in the process of taking my ex-LL to court because he not only didnt protect my deposit as stated in my tenancy agreement but he also breached the agreement by not doing this. The land lord was served two weeks ago and the hearing date has been set im currently waiting to see if he defends or admits the case he has just another few days left to submit his acknowledgement of service. Basicaly my boyfriend had been living in the flat for a year with his friend when his friend moved out and i moved in signing a new contract in Aug 07, the contract stated on it that our depoist would be protected by Mydeposit. At the time of my partners friend moving out no check was made by the LL on the condition of the property and no new inventray taken. A year later we gave our notice that we would be moving out and cleaned the flat with family memebers using industrial strength cleaner admitidly we did forget to clean one cupboard and the fridge however the rest of the house was perfect we even got on our hands and knees to scrub the skirting and got paint to paint over any small marks on the walls. We handed back the keys to the landlord as he requested and he said he would have a look at the flat and return the deposit. In looking back we should have requested a walkthrough with him when handing back the keys and taken photographs ourselves but it was the first time we had ever rented and didnt think to do this but you learn as you go on. Two weeks later we hadnt recieved the deposit or heard from the LL so we contacted him and he said he wasnt going to give us the deposit back until he had confirmation that we had paid all the bill which we told him we had. a week later a letter which cheques arrived stating that there were numerous problems with the flat and so he had deducted almost £300 from our £400 deposit some of which we agreed to but these are which we disputed; money to remove the smell of cat by "a new chemical process" - we had moved into our new property a week before we handed back the keys so the cats had been taken then also, the house was cleaned and bleached and aired and various friends and family who had been in the house prior to handing back keys couldnt smell any cat at all. money for some extra cleaning- including the cooker which was cleaned twice by myself and a family memeber and the rest of the flat was imaculate. the biggest one was supplying and fitting a new wash hand basin in the bathroom and flooring around it because he claimed we had made a hairline crack in it. - my partner nor me or anyone else who helped move or clean saw any crack in the sink how would we have been able to use it if there was? we wote to the LL disputing this and asking for photos which were dated to show why he had charged us. He wrote back lisitng other things he said we were lucky he didnt charge us for and iclude some photos one photo was a drawer full of papper which i was anoyed at because the paper was actually the guides for the washing machine and cooker and fridge so how was i supposed to take that or remove it? A photo of the oven which is full of food and other things, now my bood boiled when i saw this because the oven was spotless when we left there was not a single thing in this so the photo was either not our oven or things were placed in it to take the photo but neither i can prove. then there was the photo of the sink or what was supposed to be the sink it was a picture of something peach- our sink was white and you couldnt see any crack in the photo. We wrote to him again stating this and basicaly that none of the photos have dates on them so we wanted ones with dates and which showed clearly the sink and the so called crack. He never replied. I then decided to contact my deposit to get dispute resolution and was told that our landlord had not protected our deposit. So i spoke to a freind who does law and was told that not only has he breached our contrat by stating he had protected the deposit but hadnt that he actually broken the law. We wrote to him again asking for a copy of the deposit certificate and said if he didnt reply we would go to court, we got a reply stating that at the time of signing the contact in Aug 07 that it wasnt a legal requirement and so he didnt do it and also that we may or may not recal a converstion he had with us at the time of signing stating that he wouldnt protect the desposit in order to save us the fee from mydeposit. I dont recall this conversation but it doesnt matter because as far as im aware the law isnt a choice its a requirement. So we filled to the court and now we wait on the hearing date and the landlords next move. Im slightly worried though as ive recently heard of cases similar where the landlord has won the case.

The prolem with taking out the greviance is i was basically told off the record by a sernior member of staff that if i couldnt provide proof that it would either be my head on a plate or my manager who is the bully and incases of there being no eveidence they always take the managers word and unfotuinalty for me i was new to the section and everyone else is loyal to the manger and so wont speak out even though they all witnessed it. Its so bad that HR basically said to me the comments might have just been made "off the cuff" and that perhaps i had taken them the wrong way and shouldnt really have got upset

Basicaly my problem is ive been off work as a civil servant for 6months almost due to depression caused by bullying at work, for most of my time of my work have had almost no contact with me, my docotor has advised from the start that i find a new job as she felt it would be bad for my health to return especially as i developed problems with panic attacks and being scared to leave the house which became worse if i had to go anywer near my office. i have held off looking for a new job especially as they sent me to see their AXA doctor i thought finaly they might help me get back to work. After a month had passed after seeing ther AXA doctor i had heard no word from work and after numerous phone calls was told they would deal with it soon, so i decided that i couldnt face going back and so applied for new job as a civil servant in a different town hoping that i could just move near my family and get support and a fresh start. I eventually heard back from work and attended a meeting in which they asked if i wanted to take out a greviance and i said no as i felt it would distress me more and i didnt want that i just wanted to forget it and be moved section. I have been called for an interview for this new job but im worried that work will find out ive applied for a new job and will sack me. I dont want to tell them i want to leave incase they sack me and also im basically really distressed everytime i talk to anyone from work. they suggested staggered return to work which i said id talk to my doctor about. Im now panicin that i will get sacked for applying for new jobs. Can they do this? Am i allowed to apply for new jobs whilst on sick pay at my current and could they use this as a reason to sack me or stop my sick pay. any help would be great as its breaking my nerves just thinking about it all.