I am in some desperate need of some help!!

[Guest Alison82]

for getting your deposit back assuming there are no deductions to be made?

 

[Planner]

Will say in your AST, but 28 days is reasonable. Under TDS I believe its now 10 days.

[Guest Alison82]

Really?!!! I've been waiting over 2 weeks!!

 

thanks

[Planner]

You are under TDS?, have you finished your AST early then?

[Guest Alison82]

What is TDS? no we left on the day our contrat expired, the thing is our landlord has always said he in not actully the landlord but his representative, since then we have found out that he is and lied about it the whole time, so we are a bit worried!!

[Planner]

Ah right....... From April 2007 onwards, all deposits taken have to be registered with a Tenancy Deposit Scheme. This was brought in by the Government due to the large number of tenants who where having their deposits withheld by a minority(?) of Land Lords - Tenancy Deposit : Directgov

 

So a deposit taken after 6th April 2007 would be held in a TDS, and with no disputes, the money should be returned within 10 days.

 

You are obviously still under the old 'system', so the first port of call would be your AST which should gave a period for the deposit to be returned, otherwise 28 days would be reasonable.

[Guest Alison82]

ok, thanks for that so infuture this shouldn't be a problem

[Guest Alison82]

After waiting over a month for my deposit with 3 other people we decided to write our old landlord a letter saying that if we don’t get it back in x amount days we will take him to the small claims court, I have just found out that the address on the contract is not in fact his address but the address of a cab firm!!!

 

 

I am really stuck as to what to do as I can’t submit anything through money claim online without an address. Can I sue the letting agent (or tell them I will) who we found the property through as we paid the £150 fee in the beginning and they drew up the contract with a fake address!!!!

 

 

Help please!!!!!!!!!!!! Very mad!!!

[MrShed]

Does the cab firm have anything to do with the landlord or not? Did you pay the deposit to the landlord direct, or to the agency? Is the deposit held as landlords agent or as stakeholder(should say in the agreement)? Have you tried a land registry search on your (ex)rented property?

[Guest Alison82]

Hi Mr Shed!!

 

I don’t know about the cab they don’t answer it just keeps ringing!! We paid it to the landlord over £2000!!! Why would we need to do the land registry search? His bills and letters come to our old property and we can tell that they are red letters!! We know that he initially lied and told us that he was not the landlord but his rep but we now know that this isn’t true!!

[MrShed]

Agency question?

 

Land registry might reveal his actual address...

[Guest Alison82]

Sorry, no we paid it to the landlord; the agency was for the references, checks and contract etc... I think the agency was just for the first part of the process it advertising the property and drawing up contracts etc as we didn't have any dealings with them again!

[MrShed]

No recourse against the agent then I'm afraid.

[Guest Alison82]

I mamaged to find him!!! so off to court I go!!

[Guest Alison82]

Hi

 

Does anyone know where i can find a particulars of claim in relation to taking a landlord to court over the non return of a deposit?

 

Many Thanks

[Guest Alison82]

It's ok I found some

[heidi83]

It's ok I found some

 

 

What are they?

Or can you link me to them? Thanks!

[Ed999]

Bear in mind that this is a TENANCY agreement.

 

In a claim in the County Court, the court will accept service of court documents addressed to the landlord at the property.

 

Since, by definition, the landlord owns the premises, service of proceedings on him at that address is good service.

 

Also, if you obtain a judgement against him, it can be enforced by a court order for the sale of that property.

[Guest Alison82]

Why to that property when it is rented accodation? I have his current address not.

 

Yes is that what is called a charging order, I read about that, does that see a bit extreme to make him sell his house for 2k?!

 

Thanks

[Ed999]

Why to that property when it is rented accodation? I have his current address now.

 

Yes is that what is called a charging order, I read about that, does that see a bit extreme to make him sell his house for 2k?!

 

 

As the landlord owns the property which is the subject of the tenancy, if you cannot serve him at any other address you are entitled to address the claim to him at that property.

 

You can enforce any judgement obtained against him by obtaining a court order, called a charging order, in respect of that property. It is a type of mortgage, giving you security for the money you are owed. Ultimately the court will also make an order for sale under it.

[Guest Alison82]

I am due in court soon as my landlord did not return our deposit. We had a 6-month contract and vacated on the last day.

 

He says that we gave 1 weeks notice and that we were supposed to give our notice after the 6 months (staying there for 7 months?!!) - I don’t think so!! Also he is saying that there was £400 worth of damage, no inventory list was taken, we have before pictures from when we moved in but we can’t seem to find the pictures from when we left!!

 

Conveniently this adds up to our deposit!!

 

Does anyone have any advice for me for going to court? And also what part of the Housing act does it state about leaving on the last day of the contract?

 

Many Thanks

[Guest Alison82]

Which ever mod merged this thread can you please change the title to the new one I created.

 

Many thanks

[Joa]

Alison, please see this sticky: http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/116385-shorthold-tenancy-posession-eviction.html#post1166293 and scroll down to a paragraph entitled LEGAL POSITION WHEN THE FIXED TERM ENDS

[ShortlyTdwarf]

Continue on to court. From what you've said, he has no right to wothhold your deposit, especially as there was no inventory, therefore no way for him to prove damage. Good luck.

[Guest Alison82]

Thanks guys, I have read this and it is very good but what section of the Housing Act is it taken from as I would like to quote that in court?

 

I'm actually looking forward to this, he's not going to steal my money and get away with it