landlord withholding deposit - no written contract or authorised deposit scheme

[jinglebel]

I was wondering if anyone could help with a problem I am having with my ex landlord.

 

I am a student and last year i rented a house with 3 others, we all paid a deposit and as far as any of us can remember we had no written contract (so we don't know for what reasons the landlord can legally deduct from the deposit), no inventory and no notification of the deposits ever being paid into an authorised deposit scheme. we left the house in June 2011 and have not received any our deposits back. the landlord is claiming that there were unpaid bills (some of which is admitted, but some of this amount is currently in dispute), damage and cleaning for the property (we admit the house was not spotless but it was almost as unclean when we moved in really and we accept there is some minor, accidental damage) - but he has produced no evidence for how much has been spent rectifying these problems and we really do not think it would come to the amount he is withholding from us.

 

basically i was wondering

a) can he withhold the deposit at all if we never had a written contract or inventory?

b) can he withhold it even though he did not pay it into an authorised deposit scheme (or at least did not tell us if he did)

c) in the letter to him i really want to make sure i'm clear on the law and what is being threatened - are we threatening to take him to small claims court to get back the entirety of the deposit for these breaches or would we be claiming to just get back some of it (if the court determine how much should reasonably be withheld by the landlord)

 

can anyone help?

 

thanks

[Chiro]

If he had put the deposit in a scheme you would have been notified when he made a claim for the deposit for damage and cleaning etc. So obviously not in a scheme. You are in a very good position.

 

I would just file a claim for the deposit not being held in a scheme. He cannot deny this. I am assuming you have witnesses willing to testify and / or some sort of written evidence to show the deposit was paid and or that it has now been spent on the repairs and cleaning. If he has put any of that in writing you have a very good claim for return of your deposit.

 

Now you have suggested that there was some cleaning to be done and some damage / unpaid bills too. (However, utility companies do not pursue the landlord for the tenants debt, so he will not be out of pocket for those. He should have informed these companies of your contact details, as it is the landlords responsibility to inform them when people arrive and leave, regardless if you have already done so). This may well be taken into consideration when the ruling is made when it goes to court. However if there was no inventory, then it will be for the landlord to prove the original condition of any damaged items, unpaid bills and cost of cleaning etc.

 

To be honest he sounds like bit of a cowboy and hoping to just ignore your repeated requests for the return of your deposit with some proof of legitimate deductions. If you left in June last year I would file the claim now. You sound like you have already made contact numerous times to no avail, but maybe one more letter (LBA) sent recorded with 7 days to reply from date of letter, then go to the court on day 8. Don't wait any longer.

 

The DPS was set up to protect people like you from landlords like this one, and for all it's good intentions is obviously not sufficient without following through with a court claim.

Edited May 23, 2012 by Chiro

[maroondevo52]

Hello and Welcome, jinglebel.

 

I have moved this thread to the appropriate Forum and also unapproved your previous two posts posted in error elsewhere on the Forum.

 

Regards.

 

Scott.

[rebel11]

Hi jin

 

Here's some info:- http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/tenancy_deposit_protection_schemes

 

Templates can be found on that site, also send any letters Recorded.

[mariner51]

basically i was wondering

a) can he withhold the deposit at all if we never had a written contract or inventory? Yes, ASTs

b) can he withhold it even though he did not pay it into an authorised deposit scheme (or at least did not tell us if he did) You vacated T before Localism Bill enactment (apr 12) If you served LL with NTQ. If you wish to sue for more than return of deposit it will cost you >£1000 in Court fees

c) in the letter to him i really want to make sure i'm clear on the law and what is being threatened - are we threatening to take him to small claims court to get back the entirety of the deposit for these breaches or would we be claiming to just get back some of it (if the court determine how much should reasonably be withheld by the landlord) Your claim may not be allocated tp small claims track & LL could counter sue for any T danage