oscarsdad Posted August 31, 2011 Report Share Posted August 31, 2011 (edited) Bit of a frustrating one this... I rented a little cottage for four and a half years, the landlord lived next door and we got on very well... I moved out on the 17th July having bought myself a house and since then I have not heard anything from the landlord regarding my deposit despite having written to him twice. The cottage was completely cleaned before I left and everything on the inventory was there so there is no reason at all to hold back any of my deposit, nevermind all of it. The tenancy started in November 2006 so was before the new scheme came in to protect deposits. I have drafted the following letter today and intend to send it this evening but thought I would see if anyone else has any experience or advice: "I am disappointed to have to write for a second time to follow my request earlier this month for you to return my deposit of £863. This disappointment stems from the fact that you have had absolutely no problems with me as a tenant, you have never received rent payments late and all bills have been paid on the cottage. We have always had an amicable relationship and so I had not anticipated any issues at all with the return of my deposit as I am very aware that I have cleaned the property and that everything was left in the property which was listed on the inventory. I have not taken any further the matter of you entering the property without giving me the required 24hours notice and I have not made an issue of the fact that I carried out some minor repairs during my tenancy (at my own cost) rather than bother you or the fact that some things (for example the bed) were not really up to the standard that they should have been in a furnished rental (hence why June advised to take the bed to the tip as it was so old). The reason I have let these issues pass is because as I have mentioned, we have had a friendly relationship for 4 and a half years. I have included with this letter a stamped addressed envelope in order to make it easier for you to send me my money. As much as I had hoped that it wouldnt come to it, I will not send another letter requesting the return of my money, the next communication will be for the initiation of court proceedings in order for me to recover my money. I have already taken legal advice on this matter and have been advised that this would be straightforward and also that it is likely that should the matter go this far, you would also have to cover court costs. Regretfully, if my money is not returned by 17th September (which is two months exactly after my tenancy expired and is a very reasonable timescale) I shall be forced to initiate legal proceedings. I sincerely hope that this relatively minor issue does not have to reach a court of law." Do you guys reckon this is suitable to send? Thanks, Anthony Ps. I can't edit the title now to change the 's' to a 'c' in advice! Edited August 31, 2011 by oscarsdad Quote Link to comment Share on other sites More sharing options...
henry d Posted August 31, 2011 Report Share Posted August 31, 2011 For a lesser thing I was advised by the CAB to give my letter a large title...... LETTER BEFORE ACTION It worked a treat. Quote Link to comment Share on other sites More sharing options...
oscarsdad Posted August 31, 2011 Author Report Share Posted August 31, 2011 thanks for that, i will do that now... Quote Link to comment Share on other sites More sharing options...
Browning Posted August 31, 2011 Report Share Posted August 31, 2011 (edited) You say that you lived next door to him for 4 1/2 years, and got on very well with him in that time......why not just phone him? It's good to talk....... Edited August 31, 2011 by Browning Quote Link to comment Share on other sites More sharing options...
oscarsdad Posted August 31, 2011 Author Report Share Posted August 31, 2011 unfortunately i dont have his number (never needed to ring him!) and he is ex-directory... Quote Link to comment Share on other sites More sharing options...
al4x Posted August 31, 2011 Report Share Posted August 31, 2011 indeed its good to talk but if thats being ignored then do as henryd says give him 7 days to repay or you will take court action. If no joy go onto moneyclaim online its dead easy Quote Link to comment Share on other sites More sharing options...
JustJon Posted August 31, 2011 Report Share Posted August 31, 2011 I thought landlords even with long term tenants had to move the deposit into a protected scheme after a certain time/date? I may be wrong, I often am. Quote Link to comment Share on other sites More sharing options...
Marine1980 Posted August 31, 2011 Report Share Posted August 31, 2011 I may be wrong but can you actually prove how much you paid him up front as a deposit or he may take the line of you were friends and he didn't make you pay any? Only a thought? Lee Quote Link to comment Share on other sites More sharing options...
Marine1980 Posted August 31, 2011 Report Share Posted August 31, 2011 I may be wrong but can you actually prove how much you paid him up front as a deposit or he may take the line of you were friends and he didn't make you pay any? Only a thought? Lee Quote Link to comment Share on other sites More sharing options...
JustJon Posted August 31, 2011 Report Share Posted August 31, 2011 I thought landlords even with long term tenants had to move the deposit into a protected scheme after a certain time/date? I may be wrong, I often am. I looked it up: Deposits taken before 6 April 2007 do not need to be protected by a scheme such as The DPS. However, as an existing tenancy is renewed and a landlord agrees a new fixed-term tenancy, the initial deposit taken must then be lodged with a tenancy deposit protection scheme. So it depends of you signed new contracts or just had a rolling contact. Quote Link to comment Share on other sites More sharing options...
oscarsdad Posted August 31, 2011 Author Report Share Posted August 31, 2011 Contract signed November 2006 and no contract after that, it just reverted to a rolling contract. The deposit amount is in the signed contract and I have a receipt. Quote Link to comment Share on other sites More sharing options...
JustJon Posted August 31, 2011 Report Share Posted August 31, 2011 Then your letter is appropriate. Send away. Quote Link to comment Share on other sites More sharing options...
Beretta28g Posted August 31, 2011 Report Share Posted August 31, 2011 Make sure that you send it recorded delivery. Quote Link to comment Share on other sites More sharing options...
timps Posted August 31, 2011 Report Share Posted August 31, 2011 Contract signed November 2006 and no contract after that, it just reverted to a rolling contract. The deposit amount is in the signed contract and I have a receipt. In which case he has to provide reason and proof for the withholding of the deposit, the fact he has not done so already will not look well in court and go in your favour. Just make sure you send it recorded delivery or you keep proof of postage, the court will want to know why he is ignoring your requests without explanation and why it has got to court without being resolved, proof you have sent letters asking will be a big advantage for you. Quote Link to comment Share on other sites More sharing options...
Guest cookoff013 Posted August 31, 2011 Report Share Posted August 31, 2011 Get a soliciter to send a letter. it makes all the difference. if you do wish to take legal action later, the soliciter will usually opt for sending a letter before action. so you`ll essentially be sending them the same letter twice. i`ve had some bad experiences with landlord witholding deposits, they then threatend to get their soliciters on the case for the money i "owed" them. their soliciter then re calculated what we owed then had a cheque issued. it ended um being more money ! Quote Link to comment Share on other sites More sharing options...
Catamong Posted August 31, 2011 Report Share Posted August 31, 2011 Did you not have a final inspection of the property with the Landlord to check the general condition and inventory before moving out? If so, why did you return the keys without him returning your deposit at the same time? Your letter is a bit long winded, I would try a face to face meeting first, if that doesn't work then send an abbreviated letter to him by recorded delivery, only involve a Solicitor after this course of action gets you nowhere. Cat. Quote Link to comment Share on other sites More sharing options...
JustJon Posted August 31, 2011 Report Share Posted August 31, 2011 I've been renting 10 years and normally move each year - vie never had a deposit returned immediately. Normally done via check within a week, sometimes takes 2. send the letter, keep making progress! Quote Link to comment Share on other sites More sharing options...
garden gun Posted August 31, 2011 Report Share Posted August 31, 2011 You do not necessarily need to involve a solicitor. THe amount invoved is most likely to within the limits of the Small Claims Court (£5K from memory). Small Claims paperwork is a DIY job. Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted August 31, 2011 Report Share Posted August 31, 2011 (edited) As garden gun says HMCS Moneyclaim Online is very straightforward. The thing is as has been suggested by others, if he has (or thinks he has) a reason for withholding the deposit it would be better if you knew what it was before anything official happens. Edited September 2, 2011 by Thunderbird Quote Link to comment Share on other sites More sharing options...
Good shot? Posted August 31, 2011 Report Share Posted August 31, 2011 (edited) I personally would not go into too much detail at this stage as it may be better to save it in case of further action.I would simply state your case and threaten legal proceedings unless he acts or at least responds to your request. For example.... I am disappointed to have to write for a second time to follow my request earlier this month for you to return my deposit of £863. I have included with this letter a stamped addressed envelope in order to make it easier for you to respond to my request. Reluctantly my next communication, failing a response from yourself will be for the initiation of court proceedings in order for me to recover my money. I have already taken legal advice on this matter. Regretfully, if my money is not returned by 17th September (which is two months exactly after my tenancy expired and is a very reasonable timescale) I shall be forced to initiate legal proceedings. I sincerely hope that this relatively minor issue does not have to reach a court of law." Thanks, Anthony Edited August 31, 2011 by Good shot? Quote Link to comment Share on other sites More sharing options...
Gordon R Posted August 31, 2011 Report Share Posted August 31, 2011 I have to agree with Catamong - the letter is comprehensive, but has too much detail. I accept you might have been on friendly terms, but the letter is almost too reasonable. This has nothing to do with appealing to his better nature or past friendship. He owes you money and seems reluctant to pay.I would restrict it to the facts:- Deposit paid - you have a contract and receipt. Property left in good order. No refund. Give him seven days from receipt and then use the on-line Court system. I would place little faith in "Recorded Delivery". It's not worth a bean as proof. Anyone can sign for it and there is no extra security in the Royal Mail system for these items. There is one type of personal delivery - the exact name escapes me - use that. Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted August 31, 2011 Report Share Posted August 31, 2011 (edited) It's not worth a bean as proof. Yes it is, you can serve by recorded post. Edited September 2, 2011 by Thunderbird Quote Link to comment Share on other sites More sharing options...
Gordon R Posted August 31, 2011 Report Share Posted August 31, 2011 No it's not. It is generally accepted as proof, but try get a Mags Warrant based on recorded delivery - won't happen, unless you have friendly Magistrates. Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted August 31, 2011 Report Share Posted August 31, 2011 (edited) That's as maybe however a magistrates warrant is not relevant to this discussion. This is a civil matter and recorded delivery is acceptable for serving most papers. I think you may be coming at it from perhaps a criminal perspective (I'm not saying you're a criminal!) Edited September 2, 2011 by Thunderbird Quote Link to comment Share on other sites More sharing options...
Elby Posted August 31, 2011 Report Share Posted August 31, 2011 Get a soliciter to send a letter. it makes all the difference. if you do wish to take legal action later, the soliciter will usually opt for sending a letter before action. so you`ll essentially be sending them the same letter twice. i`ve had some bad experiences with landlord witholding deposits, they then threatend to get their soliciters on the case for the money i "owed" them. their soliciter then re calculated what we owed then had a cheque issued. it ended um being more money ! Get a solicitor to do it too Quote Link to comment Share on other sites More sharing options...
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