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Posts posted by Rufio

  1. Hi,

    I'm new to these forums, but since having trouble with our ex-landlords I've decided to register and update on my claim.

    We moved in to a place through a lettings agency but they specifically said that all deposit handling and other issues were to go through the landlords. The difficulty was that the landlords lived out of the country, however thankfully the contract said notice could be served to them at the letting agents address.

    The place was fine, though not perfect by any means, and a number of issues we had to fix ourselves (such as a leaking tap and broken bed) because the landlord was unresponsive. Upon moving out the landlord told us they would be charging £700 of the deposit for damages, a ridiculous amount, and refused to provide evidence or an itemised list with costs. Especially as one of them was for an overgrown garden, despite the fact that the landlord didn't check out the house for 3 weeks after we moved (and this June has been pretty hot!).

    It then turns out that the deposit was not protected at all. Despite the contract (signed by them) stating it would be protected and a letter from the letting agent saying they had agreed to protect it in such a scheme, it turns out its been held in their bank account.

    Because there was no option of going through the TDS dispute service, and as it seemed like the quickest and safest option of getting our deposit back, we decided to fle a claim.

    Using the wording from: http://www.housepricecrash.co.uk/forum/index.php?showtopic=65430, I submitted a claim against them citing the Housing Act 2004 (sec 214). I also submitted:

    Copies of emails from all 3 TDS stating that no deposit was held.

    Copies of emails from landlord confirming deposit was in their bank account

    Copy of tenancy agreement stating deposit would be held in a TDS

    Copy of tenancy agreement stating notices could be served at the letting agents address

    Copy of confirmation form letting agent saying that landlord had informed them they would be putting it into a TDS

    I've just received notice this morning that the hearing at county court will be on the 9th August. I'll update with what happens, can anyone provide any advice on how these things go, what I need to prepare etc?

    How did the claim go? I'm in the same situation...

  2. Hi all,

    I am about to go to court to get back the last part of my deposit from my previous landlord. Moreover he did not protect it!

    These are few clarifications I need before proceeding:

    - As the claim will be about getting back the outstanding part + deposit not protected, MCOL said the online claim is not appropriate in this instance. It is true?

    - In my case is the N 208 the best form? Shelter says it is. I read that most of county courts accept N 1. As I am claiming firstly the outstanding part of the deposit, is the N 1 the appropriate one?

    - The law says there is the possibility to have up to 3 times the amount of the deposit if it is proved that the landlord has not protected the deposit using a valid TDP. What amount I should claim? £ 3,000 each anyway? The fact that we are waiting for the last part of the deposit (£ 270 only) can be an issue?


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