Landlord won't return deposit

[rakheshpm]

I moved into a property on the 24th June 2011 that was previously occupied by four people, one of whom moved out and whose place I took. The landlord promised that he would update the tenancy agreement to include my name instead of that of the previous tenant, but this never transpired. The other tenants never paid a deposit when they first moved in, as they had each paid four months’ rent up front and the landlord thus decided to waive the deposit. When I moved in, as the landlord requested, I transferred a sum of £550 via internet banking to an account in his name (£275 for the first month’s rent and £275 as a deposit). However, a month after I had moved in, a variety of issues combined to make me want to leave the house and I sent my landlord a text message to say I would be moving out in a month’s time (23rd/24th August 2011). He said we would have to meet up to discuss this and arranged a time and place but did not show up. I told him I would find a replacement tenant and when this happened, he said that it was fine by him as long as the other tenants were happy with the new person.

I was worried I would not get my deposit back as there was no written agreement and no formal acknowledgement of receipt from him so I decided to hold back on my second rent payment, saying he could use my deposit money to cover the sum (as it hadn’t been secured – I checked) but received messages threatening forced eviction so I made a payment. I have now moved out, having found a tenant to take my place and move in on the 24th August 2011, but have had no contact from the landlord regarding return of my deposit. I have called several times but he has not answered, and I have left several voice messages and sent several texts but heard nothing back. Is there anything you can do to advise/help me?

[Bazooka Boo]

Write to him and outline that you want your deposit returned, give him a date by which to do it. Send it recorded delivery so he knows you mean business, if he then fails to give you the deposit back or a reason why he won't return it, then your only real course of action is to use the small claims track and get your money back that way.

 

I take it this is a private landlord?

 

Have you googled himto see if anyone else has issues with him? Have you looked on the tenant services agency (TSA) website?

[rakheshpm]

I will write to him but I need to find out his address first. I could address it to the property in question, would that work? Sorry if I appear naive! I haven't looked on the TSA website, isn't that only for social housing? He is a private landlord.

 

If it were to go to a small claims court, what do you think, from the information given, about the strength of my case? I'd assume the strongest point would be the fact that the deposit hasn't been secured.

[Bazooka Boo]

http://england.shelter.org.uk/get_advice/complaints_and_legal_action/complaints/complaints_about_private_landlords

 

I think you have him bang to rights, it is against the law now for a landlord not to register a deposit with a Deposit Protection Scheme.

http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/index.htm

[Snorkerz]

You need to show to a court how much you should have paid, and how much you did pay. Whatever the difference is, the landlord will have to have a blooming good reason to keep the difference.

 

You need receipts for all the money you have paid (online printouts will be fine)

A copy of the tenancy agreement to prove the amount of rent per month; and

Proof of when you moved in and when the next T moved in (to prove how many months you were obliged to pay)

 

The onus of proof is on the landlord if he wants to keep anything, and other than rent issues, I can't think he'd be able to prove anything without an inventory.

 

The issue of his having not protected the deposit is worth mentioning in court to discredit your opponent, but it is not going to be of huge value as the courts recently decided that there is nothing for the landlord to answer for if the tenancy is over.

[Snorkerz]

I think you have him bang to rights, it is against the law now for a landlord not to register a deposit with a Deposit Protection Scheme.http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/index.htm

 

The law is as useless as a chocolate teapot in this particular case: http://tenancyanswers.ucoz.com/index/section_214_claims/0-45

[Bazooka Boo]

Oh well, no surprise there then!

[rakheshpm]

Thanks for your help guys, I'm not greedy I just want my money back! I think I'm going to give the TRO a ring and hope for the best. I find it disgusting that he's ignoring my calls. His profile on LinkedIn says he's a Commercial Real Estate specialist. £275 may not be a lot to him but it certainly is to me!

[Bazooka Boo]

Is he registered with any other agency?

[Snorkerz]

I will write to him but I need to find out his address first.

The tenancy agreement should have an address for the service of documents (a requirement under section 47 of the 1985 Landlord and Tenant Act). It may be c/o an agents.

 

Failing that, you have to use the landlords current address for legal matters. If you can not find that, you may want to use a company like findermonkey who do no-find-no-fee for £40. Before you spend that much, look at the propertys file on the land registry website. It may not be up to date and will cost you £4, bu may still be useful (see below).

 

Finally, if you have taken these measures to find his address (and have proof) you can use his 'last known address'. I am guessing the land registry file would show him as living at the rental address, so in that case that would be his last known address as far as you are concerned.

[rakheshpm]

I did not receive a tenancy agreement but I will get in touch with my old housemates and ask them if I can see a copy of theirs. They'd already been living there for 20 months when I moved in.

 

I don't know if he's registered with any agency, I realise now that my haste to move into a new house should've been accompanied by a lot of clear thinking. I really appreciate all of your help and will keep you posted on how things go!

[Ed999]

My comments only apply if the premises are entirely within England, and you were granted a shorthold tenancy (under which you have exclusive use of a separate dwelling, and the landlord does not live in the same building), and you were over 18 years of age when the tenancy was granted.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

No Address for Landlord

 

Until the landlord provides you with his address, no rent is lawfully due:

 

• Section 48, Landlord and Tenant Act 1987

 

But the landlord need not give you a notice under section 48; it is sufficient if his address is in the tenancy agreement.

 

 

For details of how to find the landlord's address, read this FAQ: Unfair deposit deductions

 

 

 

Suing for return of original deposit only

 

None of the recent court decisions prevent the tenant succeeding in a claim for the return of the original deposit.

 

Those court cases dealt with the penalties imposed on the landlord under section 214, for not placing the deposit in the statutory scheme; but these are optional, in the sense that the tenant chooses whether or not to sue for those penalties. He can, instead, simply sue just for the original deposit.

[rakheshpm]

Thank you, I do only intend to sue for the return of the original deposit. I sent him a letter last week by recorded post, asking him to return my money within fourteen days. If he doesn't, I'll be going to court. Does anybody here know much about the small claims court procedure? I'm not eligible for free legal aid but can't really afford a solicitor!

 

Rakhesh

[Bazooka Boo]

You won't need a solicitor, the small claims track is extremely easy to use, it is very simple and doesn't involve the usual court process most of us are used to.

 

It will be you, him and a judge or some legal bod, in a room discussing the case, you get the chance to put your side of the argument across and he will get his chance to do the same, the Judge or legal bod will then decide on the best course of action if and when he finds in your favour, should be all done and dusted within 30 mins max...

 

As for the fee schedule, what ever you pay out to bring the case is added onto your total claim and interest is added, so it is in his interest to pay you before you issue your claim.

 

Have a read...

http://www.which.co.uk/consumer-rights/making-a-complaint/taking-a-dispute-to-the-small-claims-court/

[rakheshpm]

I wrote a letter and sent it by recorded delivery a couple of weeks ago. He texted me today (first time since early August) saying 'Sorry, you only paid me rent, never any bond'. He's basically now saying I paid him three months' rent and that I lived there for three months (which is a lie - I moved in June 24th and left August 23rd). We had a bit of an exchange that culminated in him telling me to 'Go f*** myself back in my own country', which is pretty professional, as I'm sure you'd agree. I'm definitely going to have to go to a small claims court now but my confidence in the strength of my case is dependent on how well text messages will hold up in court. Do you guys have any idea how that'll work?

[Bazooka Boo]

If you can copy those text messages and put them onto hard file somehow (paper) then go for it, I would even think that you would have a good enough case anyhow against him, was there any paper work to say that you agreed to pay him a set amount for a set period that he now claims to be 'rent'?

 

Tell him that he has now gone and done the exact same thing he told you to do, in your own country, and to add to his miserable existence you will now report him to the Police and the Press for his racist comments....I cannot stand human beings berating other human beings simply because of their accent, creed, or colour, it just will not wash, I would be very happy to bring this clown to his knees and see him put out of business the miserable so & SO.

[noomill060]

Ditto.

 

Go get him Rakhesh

 

We know lots and lots about small claims, Im in the process of crucifying my ex-landlord over his failure to refund my deposit as well.