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Legal matters

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Landlord and deposit

15 replies

DollyRose · 23/11/2020 22:26

Hi all, just wandering if I can get some advice.
I was previously renting but have now left. My landlord has been messaging stating he will be giving my deposit back for the last few months but still nothing recieved.
Now I went to citizens advice who told me to start by writing a letter sent recorded ect. Which I've now done. But here's my question... I paid land registry to try get his address so typed in the property I rented and came up his address, great!
But I've just typed in company house and it's come up an address for the landlord for a company under a different address.. So which address do I send this letter to now? Tia

OP posts:
FortunesFave · 24/11/2020 03:37

Send one to both.

safariboot · 24/11/2020 03:56

Your tenancy agreement should have had an address for the landlord. Write to that.

LargeProsecco · 24/11/2020 06:21

Would you not be better raising an action through the deposit scheme?

KatherineJaneway · 24/11/2020 06:57

I agree with Large, just claim back through the deposit scheme. By law he has to register your deposit.

TeachesOfPeaches · 24/11/2020 07:10

Check whether your deposit has been registered with a deposit scheme. Mine is DPS, I moved out in August and still trying to get my deposit back Confused if your deposit isn't registered your landlord will get fined.

Londonnight · 24/11/2020 07:13

You should be going through the deposit scheme. As pp have said, if your deposit wasn't protected then the landlord can be fined.

Nat6999 · 24/11/2020 07:26

My deposit was with dps, I got it back within 2 weeks, I didn't ask for it back, just did the online reclaim by dps.

whataballbag · 24/11/2020 07:41

Your deposit should be in a scheme and you claim back through that.

If not you can claim 3 x your deposit back from your landlord.

DollyRose · 24/11/2020 10:37

Hi no I checked tenant agreement but silly me didn't notice he hadn't put his address,
Yes I've been advised to go through deposit scheme but will need his address to do so. If they won't take the case on I'll have to go through small claims court.
How do I find out what scheme he used? Sorry all so New to this.

OP posts:
Lineofconcepcion · 24/11/2020 19:38

Just Google the three schemes, then search each scheme to see if the deposit has been lodged. You should have been served the prescribed information within 30 days of the commencement of the tenancy. It will tell you which scheme. Alternatively read through your tenancy agreement. Mine say in the TA where the deposit is held.

Lineofconcepcion · 24/11/2020 19:42

You cannot claim the compensation through the small claims track, it goes on the fast track. If they haven't protected the deposit this is one of the only times I would suggest using a claim management company, because it's a little technical and easy to get wrong. Post on landlord zone for more assistance.

DollyRose · 25/11/2020 22:14

@lineofconception

Thank you, I've just checked these schemes and can't find any evidence of mine being in one.
I've followed citizens advise and written a letter, their next step is go through the schemes resolution ADR but Ifvit hasn't been put in one what's my next steps?

OP posts:
Lineofconcepcion · 26/11/2020 00:30

A letter before action. Followed by completing form n208 in triplicate. You need 3 copies of everything, eg all docs you intend to rely on including evidence of searches of the three schemes. File at court with the fee of £308. You can get fee remission on a sliding scale if on a lowish income. I think it's an ex160.

You need to ask the court to award the worst penalty of 3x the deposit amount per tenancy not including periodic tenancies plus the original deposit as they are refusing to pay back the original deposit and have never put it in a scheme.

Have a look on Shelter website. They're usually quite good at enabling people to sue. Please do it because it's a disgrace that landlords are still not using the schemes. There's no excuse. (I'm a professional landlord).

Lineofconcepcion · 26/11/2020 00:38

Be sure that you don't complete the wrong form. Check that it doesn't say High Court in the top right corner.

DollyRose · 26/11/2020 16:54

@lineofconception thank you so much, I'm very grateful for that

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