non return of deposit

[poochie]

my daughter and friend rented property a while back and me and hubby paid £300 deposit which we were told would be returned to us when they left property.
My daughter and friend gave up the tenancy of the property because drug dealers lived 2 doors away and they were worried about their safety and apparently other tennants are now seekin legal advice about but thats another story.
Anyways, the flat has been re-let and I have sent e-mails and letters to lettin agent askin about deposit and they just ignorin me completely because I sent letters recorded delivery and I know they got delivered.
The flat was left in better condition that wen my daughter and friend got it and we left new fridge and cooker along with a bed settee and chairs and table and chairs and all cutlery and pans etc which I have photo's of and which I gave copies to lettin agency who said they were happy to keep all the stuff in flat coz it was new and clean etc....
The rent was always paid and never missed so why are tehy not answering my letters to return my deposit?
Can we send them letter again and say we will raise action in small claims court if they dont answer within 21days or soemthin like that?

Any help and advicew would be much appreciated...thanx

[Guest]

Re: non return of deposit

Look here for details of another member in a similar situation.

Landlord has run off with my deposit - Legal Beagles

[poochie]

Re: non return of deposit

I wrote to lettin agents at end of february askin them to contact me within 21 days and sent it recorded delivery so I know they got it, askin them wen we would get our deposit back and they not replied and wen I phone the office I leave messages on answer phone but still gettin no reply.
How do i proceed to get our deposit back

thanx

[Celestine]

Re: non return of deposit

Was the deposit and rental arranged through a legitimate letting agent and the deposit held in a 'Tenancy Deposit Scheme'?
If so, then you can apply directly to the TDS Dispute Resolution Service to release the deposit if the letting agents continue to ignore you.
Check through the paperwork.
Did the rental period end before the rental period expired e.g. 6 months?

[poochie]

Re: non return of deposit

yeah it was thru a reputable lettin agents..... They still lettin flats to this day
The tenancy ended before the 6mths trial period but we were told if they re-let the flat then we get our deposit back.
They re-let the flat within 3wks and my daughters flat mate returned her keys to the lettin agent one day and the lady said she would be sendin cheque to me within 10days......that was 4mths ago and they wont respond to me at all now
The office opens at times I am workin and its very hard to get out of work because redundancy are bein made and I dont want to rock the boat at work just now.
I had someone go in with aletter from me askin about my deposit and they said they will be contactin me within next 10 days..... Still not heard anythin from them.....
Do you have an address fro the company you mentioned?

All help much appreciated...thanx

[Celestine]

Re: non return of deposit

Tenancy Deposit : Directgov

The letting agent should have given documentation detailing the TDS. Please dig out all paperwork and check carefully, but have a good read round the above link which explains TDS in detail.

[poochie]

Re: non return of deposit

that site just mentions england and wales but we in scotland.... does this include scotland

[Celestine]

Re: non return of deposit

Ahhhhh.......I have no idea if this system applies in Scotland.

Shame if not because it's a good system.

OK, if not then you will need to send the a formal preliminary letter requesting payment of the deposit back.

Basically, if they continue to ignore, you will need to take out a court claim to recover the money.

Hopefully someone else will pop in who knows if there is any deposit schemes in Scotland.

[poochie]

Re: non return of deposit

can anyone help me please.

We have lodged small claims court action against my daughters precious lettin agency who refused to return deposit sayin she owed rent.....
They re-let the flat before she cancelled her direct debit for rent.....
Our court date is next monday and its in scottish court........

Any help and advice much appreciated....thanx

Does anyone know any good sites I could browse for more information because I am startin to worry about it all now

[Guest]

Re: non return of deposit

Did your daughter owe any rent?

What in particular are you worried about?

[poochie]

Re: non return of deposit

basically, my daughter and her pal rented flat from lettin agency.....I paid the deposit and they paid £150 each which is the rent per month split in two and they each paid their own share by d/debit each month.
Daughters pal decided 2mth into agreement to go home ( but it was brought about because there was drug dealer livin 2 doors away who had all sorts of weird people comin around night and day) and left my daughter with no way of affordin the flat alone so she came home. They both were still payin the monthly share of rent coz it was 6mth agreement which said no party could end the agreement within first 6mth so they knew they were liable.
They got the flat in sept 2009, the friend left end of november but flat wasnt emptied till first week in december.
My daughter handed in her keys and the flat was cleaned etc by both sets of parents and some new furniture and stuff was left.
Anyways, the friend of my daughter had kept her keys coz she was waitin on letters from bank coz she had just changed her address to the flat address....... so she didnt hand her keys in until 14th january and was told by lettin agency that the flat had been re-let on 8th january 2010 and that the deposit was bein sent to me in next day or two and they were no longer expected to pay their rent....... so they both cancelled direct debits and the lettin agency would not reply to my letters or calls about the return of deposit.
So we had to lodge a claim against them and they have lodged defence sayin my daughter never paid her rent up till 25th march 2010 which is wen lease would have ended and that it stated clearly in agreement that neither party could end the agreement before the 25th march 2010.
My daughter paid her rent in december so she was paid up till 25th january 2010 but they re-let the flat on the 8th january 2010 without tellin anyone and knowin that the other lass still had the keys to the flat.
My daughters payment was not due till 25th january, so how did they know she wasnt gonna pay on 25th by cash.......but basically they broke the agreement first by re-lettin the flat......... the other girl could have walked into that flat while new tenants where there and it would have caused a terrible scene.........
I have spoken to new tenants and seen there agreement...... they paid the £300 months rent and also the £300 deposit on 8th Jnauary so why should my daughter and her friend still pay for a flat they re-let before all keys where handed back to them?
Also, they told the lass when she handed her keys into lettin agency that we would get deposit back in next few days........ and they said to stop payin the rent so why are they doin this now and what can we do about it apart from take them to court.......
I just need some advice for usin in court or maybe a good site which could give me some advice......thanx

[Guest]

Re: non return of deposit

What did the agreement state regarding rent payments after the flat was vacated?

[poochie]

Re: non return of deposit

it says neither party can end the agreement before the 6mth period...... It does not say anythin regarding payments after the flat has been vacated .... Thats why i need help

[Angry Cat]

Re: non return of deposit

it says neither party can end the agreement before the 6mth period.

[quote]

Deposits

It is common practice to request a deposit from the tenant prior to them moving in to protect you from damage caused by the tenant beyond normal wear and tear, or in case the tenant leaves without paying the rent. Some agents will handle this on your behalf. It is usually equivalent to one month's rent and is taken along with the first month's rent in advance.
The tenant should be provided with a receipt and a clear understanding of what the deposit is for and the conditions for its full return. You must return the money to the tenant within a reasonable period of time after the last day of the agreement if there is no damage to the property or its contents beyond normal wear and tear and if the rent payments are up to date.
If you do decide to withhold some or all of the deposit, you must notify the tenant as soon as possible in writing, stating how much money you are retaining and why. If possible, provide receipts of estimates or costs incurred to repair damage to the property.
The Tenancy Deposit Scheme

From 6 April 2007, new legislation was introduced to help tenants and landlords avoid and resolve disputes relating to the return and use of a tenant's deposit. Under the legislation, if landlords fail to protect the tenant's deposit, they may have to pay the tenant three times the value of the deposit.
Why are deposits protected?

The Deposit Protection Scheme is designed to make sure:

• Tenants get all or some of their deposit back when they are entitled to it
• Any disputes involving landlords and tenants over the return of the deposit are easier to resolve
• Tenants are actively encouraged to look after the property they are renting.

Whenever a deposit is taken from a tenant as part of an Assured Shorthold Tenancy, either by a landlord directly or a managing agent, it must be protected in one of the government-initiated schemes. There are two types of scheme, described as 'custodial schemes' and 'insurance-based schemes'.

Custodial scheme

The deposit is held by the scheme for the duration of the agreement and repaid at the end of the tenancy. It is also free to use. Within 14 days of being paid the deposit, the landlord or agent must provide details to the tenant of how the deposit is protected, including:

• The contact details of the chosen tenancy deposit scheme
• The landlord or managing agent details
• How they can apply for the return of the deposit
• The detail concerning the purpose of the deposit
• What to do if a dispute arises regarding the return of the deposit.

At the end of the tenancy, if an agreement is reached between both parties, the deposit will be divided up (if required) and returned accordingly. If a dispute arises, the scheme will hold on to the money until the Courts or the dispute resolution service solves the disagreement.[quote]

[Budgie]

Re: non return of deposit

Hiya Poochie,

Would it be possible for you to post up a copy of the rental agreement ?

Also, what have you submitted to the Court in support of your claim, can you post up a copy of that as well?

Make sure you remove any personal details ( names and addresses and contact details etc before posting ).

I think that preparation of a full written explanation of the circumstances will go a long way in helping the Judge to make a decision quickly and in your favour. It will also make it easier for you to use the written explanation as notes to assist you in telling your side of the story during the Court hearing.

Budgie

If it's easier for you you can email any documents you would like posting to admin@legalbeagles.info