In March 2008 I arranged for a LA to find tenants for our flat, on a 'let only' basis, which they did. They told me that they would send the tenants deposit in the post to us - they didn't.
Other stresses and life got in the way and I didn't persue this until October. I visited them numerous times. I was told that they would check with the accountant and if no payment was made they would send me a cheque - well they haven't. I also wrote to them in late Oct giving them 10 days to pay up - but they obviously ignored me.
I sought legal advice and was told that I could take them to court (small claims one) for breach of contract.
I don't really want the hassle of taking them to court (and I don't even know how to go about this). I would just rather they paid up. Could you help me write a strongly worded legal letter that would get a prompt desirable result please (one that would make them send me the cheque) as I don't have a clue as what to say other than, 'pay up or I'll meet you in court.'
(p.s. Please note that if my tenants decided to move on I would just pay them out of our savings account and they would, in no way lose out. And, YES, I know that if they knew their deposit wasn't in a deposit scheme they could take me to court etc etc etc ..........
I'm also wondering if, as an alternative, that I could write to my tenants in the new year telling them that the Lettings Agents have got their deposit, that the LA should have paid the deposit into a deposit scheme and they should check with the LA if they have done so. I will also tell them that if the LA haven't paid their deposit into a deposit scheme and notified them in writing then I will help them take the LA to court as they can get 3x their rent back. I plan to send a copy to the LA.
Which would be the best thing to do?