Advice on making a claim

[milly143]

In Jan this year we moved out of our rented house as the landlady needed to move back in. On the day I returned to the keys to her she came and had a quick look around the house which by that point had been completely emptied and cleaned top to bottom. She didn't mention any problems or say she was unhappy with anything and when I asked her about the deposit she said she would speak to the letting agent who was holding it the next day. Two days after I called the letting agent who advised me they had returned the entire £900 deposit to her at her request. They could not give me any reason and said it was down to the landlady. As we moved in before the deposit security scheme came in, we are not covered by this. I wrote her a letter after she ignored all my calls and she replied saying she had taken the money for repairs and cleaning. I wrote to her again saying I would require more specific details and receipts or quotes of work to be done. After she ignored that I wrote to her again which was once again ignored. Since then I haven't made any more contact as life has kind of got in the way. Would it be too late to initiate a claim against her in court and if I can still do that can anyone give any advice on what to do?

[milly143]

As far as I know, she now lives in our old house.

[milly143]

Yeah, that was the reason we moved out. She split up from her husband (for which i have heard all sorts of reasons) and so she gave us her notice for us to move out as she needed to move back into the house.

I am reluctant to go round there as she showed herself to be a rather unfriendly person during the process and I have heard a lot of stories about her and her family getting into trouble with the police for their slighly aggressive behaviour. I don't know if any of it is true but I don't want to take the risk of getting punched.

[milly143]

That's ok, it was quite long and boring. :o)

We went through a letting agent but that was rent collection only. I sent them several e-mails about it and they all just say it's none of our business, talk to her. I spoke to the CAB at the time and to be honest they weren't overly helpful. Because the deposit was not in a protected scheme (that law came in about a month after we moved in) the CAB didn't seem to really have a clue.

[bednobs]

did she give you any of your deposit back?
Anyway, i would write (registered post) to her giving her a reasonable time (say 28 days?) to return your deposit (plus copies of any receipts she had for work supposedly done) or you will start court proceedings

[bednobs]

ps you will haveto be prepared to back up your threat with actually going to small claims court

[Davethedog]

I agree with Bedknobs, I think you could claim it back in the small claims court, unless she can provide evidence of repair. Do you still have your original contract? If so read the terms of the deposit, to ensure you are on safe ground.

Do not approach her now, make sure all letters are recorded or registered, keep all receipts so you can claim back on your costs.

[themas]

Go here:

http://www.hmcourts-s...bout/claims/index.htm

It gives you info. on making a Court claim. You must do a "letter before action" first, specifying the amount you want and why, & giving her 2 weeks or so to pay & saying you will otherwise start Court action. CAB should have been able to advise you on this - I'm surprised they didn't!

[maclarencat]

Themas is quite right. Give her 2 weeks. In the letter make sure you refer to the fact you have had previous communication.I suggest along the lines of "further to our previous requests" or " As we have still not had our deposit returned despite previous requests" Keep any communication you have as you will need this and if she does not give you your money back you can take her to small claims court using moneyclaim.gov.uk the government website. It is very easy. Good luck. I hate landlords who act like this it gives good ones a bad name.

[muchlovex]

Hi Milly,
First-off, your LL should have put your deposit into Deposit protection scheme, reagrds of when that came into force. Also, did you sign any photographic schedule or condition when you started the tenancy? Or did you at the end of the tenancy, take photos to prove you left if in a good, clean condition?
I rent 3 properties and with all I take photographs for the tenant and myself to sign, so that we can all agree that the property needs to be left in the same condition as shown at start of tenancy.
I would reccommend that you speak to a solicitor. Have you kept copies of the letters you sent to her?
Take legal advise - she should not be keeping your deposit without good reason.
Best wishes,
muchlovex