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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi all, :)

 

Sorry for starting a new thread on this but the more I read the less confident I feel about how/what to claim.

 

I lived in a rented flat between sept 2008 and sept 2009 and paid a deposit of £865.38. This was my first time renting since leaving university and so at the time I didnt know all the rules surrounding the TDS and such.

 

Since leaving the property I am still waiting for the deposit to be returned and calls to the landlord just invoke excuses, he says the deposit should have been returned and he'll chase it up for me. After ringing all the protection scheme companies it also appears that the deposit has not been protected, I also have no info from the landlord regarding what scheme it should be protected with. We found the property through homes4u but they just dont want to know. Time for a claim I think!

 

The problem is I dont know where to begin. Should I claim for the deposit amount or 4x that, what about interest? How do I claim and what evidence will I need? The only document I have is a signed tenancy agreement which says the amount we payed as a deposit. Do I need any evidence from the schemes that the doposit was not protected?

 

I also owe the landlord about £250 for having the locks changed after a break-in but I'm not going to pay this until I have the deposit returned, I have told the landlord that he can deduct this amount from the deposit.

 

We worked very hard cleaning cleaning the flat from top to bottom and there was no damage at all, needless to say I have learnt from this and in the future I am just going to write off any deposit and trash the place, its just not worth the hassle. Just one question though, if we do more damage than a deposit is worth can the new landlord claim for that or can they only take the deposit from us?

 

Thanks for taking the time to read this and I eagerly await any replies.

 

P.S. Am I allowed to post the details of the landlord so that maybe others can avoid him/burn down his house?

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I wouldnt post landlord details.

 

4 x deposit, with interest claimed at statutory 8%.

 

N244 form from your local small claims court.

 

I would get in writing if you can from the DPSs that they havent protected the deposit - but the onus is on the landlord to prove they placed it in a deposit scheme in any event.

 

I would simply quote HA 2004 Section 214.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I did well yesterday planner didnt I!!!

 

Sorry OP - was being thick :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I have found the form and it looks reasonably simple to fill in. I think for "Details of Claim" I should write in the text below, but how should I include the fact I have not had any of the deposit returned or is that also covered by the bit I've highlighted red? Also, I'm not sure if I have calculated the interest correctly so I'd be grateful if somebody could check my calculations.

The tenancy started on 30th August 2008, so 14 days after would be the 13th of September 2008, from then until 22nd February is 527 days not including the day of the 22nd.

 

Deposit x 4= £3461.52

 

3461.52 x 0.00022= £0.7615344 (daily rate)

 

0.7615344 x 527= £401.3286

 

So total interest to claim is £401.33

--

"Details of Claim"

 

The Claimant claims under section 214(1)(a) of the Housing Act 2004 that the deposit of £865.38 required by the tenancy agreement dated 27/08/2008 in respect of the premises at [the address] made between the Claimant and the Defendant was not paid into an appropriate tenancy deposit scheme (in breach of section 213(1) of the Housing Act 2004), or that the Claimant did not receive the prescribed information concerning which Tenancy Deposit Scheme was holding the deposit within 14 days of the Defendant's receipt of the deposit (in breach of section 213(3) of the Housing Act 2004).

 

And the Claimant asks that the court make an order:

 

1. That the person who appears to the court to be holding the deposit do repay it to the Claimant, in accordance with section 214(3) of the Housing Act 2004.

 

2. That the Defendant do pay to the Claimant, within 14 days of the making of the order, a sum of money equal to three times the amount of the deposit, in accordance with section 214(4) of the Housing Act 2004.

 

3. The Claimant claims interestlink3.gif under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 13th of September 2008 to 22nd of February 2010 of £401.33, and interestlink3.gif at the same rate up to the date of judgment or earlier payment at a daily rate of £0.76

 

The Claimant is therefore seeking payment of £3461.52 (or should this include the interest to date making it £3862.85), plus the court fee and interest.

 

--

I should then post this off with a photocopy of my tenancy agreement and a letter from each of the protection schemes showing that the deposit was not protected by them?

 

Thanks again, I dont know how people used to manage before the internet allowed us to speak to nice people like yourselves. My partner might stop nagging me to do someting now. ;)

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