My landlord refuses to return our deposit simply because he says he has no money!!?

My landlord refuses to return our deposit simply because he says he has no money!!?

Postby ring » Fri Apr 13, 2012 3:35 am

England/Wales

If you have some proof you paid the deposit (bank statement, receipt etc) then you may need to write a letter to him after you leave telling him what you want (your deposit), why (because you left without owing him anything) and what will happen if he doesn't pay (legal action). You must also give him a deadline (say 14 days). This is called a letter before action, and you should post it first class from a post office and ask for a free certificate of posting.

If he doesn't pay in time, you go to http://www.moneyclaim.gov.uk and start a claim. There are fees, but some people can have them waived (google ex160).

If you have no proof you paid it, you may still win, but it is not certain and you may not want to risk losing the court fees.

Amazon, or the library, will have books on the 'small claims process'. It isn't a fun read, but as you're a student you will be used to reading boring books so that you can learn.

If your tenancy ends after 5th May you could also (subject to proof) sue for compensation of up to 3 x the value of the deposit. However, the fees to do this are very high (£1000+ to get it to hearing) so you would really need a solicitor willing to do it on a no-win-no-fee basis. If a solicitor looks at you and says you can't claim 3x anymore tell him to look at the 2011 Localism Act (then find a solicitor who is awake!!!)
ring
 
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