flat deposit
Jan 13 2008 14:22
so i have repeatedly asked my landlord for a £1000 deposit owed to me and my flatmates and he keeps ignoring us - at the beginning of our contract we gave him two months rent in advance- about two grand and towards the end of our 6 month contract we didn't pay the last month, so he only has a grand of our money, but now i can't work out how to get it back.
i read this:
http://www.direct.gov.uk/en/TenancyDeposit/DG_066385
it says that all landlords must put the money in a scheme, and i reckon he hasn't done this, so i reckon i could scare him into giving the money back but other than that i don't know what to do and my flatmates can't really be bothered to research into it. i have a feeling that he might be in a loophole because he asked for two months rent up front rather than an actual deposit and this would mean i don't have a leg to stand on, but is this legal??
Jan 13 2008 18:59
#2
it will be:
2 months up front. £2,000 i moved in on the 17th and paid again for the first month and again for the next four months. i didn't pay the final month. but i guess i shouldn't have paid the last two months.
so does that mean if a landlord says your deposit is two months rent up front you don't pay the last two months? and would that mean he's covered by the housing act if he hasn't asked for a specific deposit to put in the DPS?
Jan 13 2008 19:11
#3
Ok, sorry, you paid the equivalent of 2 months rent for your deposit and were charged for your first months rent in advance as well? If so the cunt does owe ye a grand.
On dps - dunno, not sure we have that over here.
Jan 14 2008 10:57
#4
Basically, he obviously owes you the money.
Have you put it in writing yet? You need to ask for payment, say how long he's delayed already, give a deadline (not too generous), and make clear that you will take further steps if necessary. If you've already done that, or if you get no joy, contact London Coalition Against Poverty on 07932 241737 or londoncoalitionagainstpoverty[at]gmail.com - who can help with advice and, if necessary, a bit of public action to put pressure on the landlord.
Jan 14 2008 11:35
#5
You ought to be able to get more serious advice than this from Shelter's advice line - freephone 0800 800 4444, but I would think that you should:
1) Send a letter to your landlord requesting return of deposit and saying you will be taking court action against him if he does not return it. Also state that you believe he has failed to protect your deposit in a Tenancy Deposit Scheme as the Housing Act 2004 requires him to do.
2) Then raise a claim against him in the small claims court. That doesn't need any lawyers involved. The whole case can be dealt with entirely online through http://www.moneyclaim.gov.uk/ , or you can do it the traditional way at a County Court.
3) If your flatmates don't agree with taking action like this then forget about them and just pursue the landlord for your share of the deposit.
Fees for small claims court are:
Amount Claimed = County Court Fee / Moneyclaim Online Fee
up to £300 = £30 / £20
up to £500 = £50 / £50
up to £1,000 = £80 / £80
up to £5,000 = £120 / £110
The fee is refunded if you win and you can ask for it to be waived altogether if you are on benefits or low income. You might also be able to get some free help from a lawyer in that case .
Unfortunately if he's asked you for two months rent in advance one half of it will probably have been the deposit and the other half your rent for the first month. So as you haven't paid the last months rent he's used the deposit (half the two months money you paid up front) to cover that and the other half went to cover your first months rent - so unless I've read wrong I think he's covered.