Recent Feedback
My family and I moved out of rented accommodation in Handsworth Wood, Birmingham at the end of January (27th) this year. There were no bills or rent outstanding. The property was left in good order. Timely notice was given in December 2009 (28th). After several failed attempts to get in touch with our former landlord, it was on Sunday evening (20th February 2010) I finally got a response from him on his mobile. There was no sorry, no explanation why we had not heard from him in the intervening weeks since sending our notice letter and also hand delivering a letter (dated 28th January 2010) to his Handsworth Wood address notifying him of our intent to vacate his property. We arranged to meet up at the property the next day. After much discussion and negotiation we received part payment of ?300 on Monday 21st February. We were given ?300, because our former landlord said he had only ?300 available. My wife and I had gone with a plan of not excepting less than ?400, but we dec
Optional Information: Province/Country relating to question : England Already Tried: My family and I moved out of rented accommodation in Handsworth Wood, Birmingham at the end of January (27th) this year. There were no bills or rent outstanding. The property was left in good order. Timely notice was given in December 2009 (28th). After several failed attempts to get in touch with our former landlord, it was on Sunday evening (20th February 2010) I finally got a response from him on his mobile. There was no sorry, no explanation why we had not heard from him in the intervening weeks since sending our notice letter and also hand delivering a letter (dated 28th January 2010) to his Handsworth Wood address notifying him of our intent to vacate his property. We arranged to meet up at the property the next day. After much discussion and negotiation we received part payment of £300 on Monday 21st February. We were given £300, because our former landlord said he had only £300 available. My wife and I had gone with a plan of not excepting less than £400, but we decided take the £300 with a signed receipt acknowledging part payment of £550 with £250 outstanding. When we did are family shopping the day before embarrassingly we had to put it all back. With to children to feed any money was welcome. When I spoke to the landlord on Sunday he complained that the house was left in a dirty state and the front window upstairs needed resealing before he would hand over any money. On Monday when we met with landlord at his property we took our handheld vac and dust pan and brush (in the knowledge we had already left his house in good condition, using family and friends to assist) we wanted to appease the situation, it worked. However getting over the window being resealed was still on his agenda. As already stated we had left the property in good order,allowing for the normal ("fair") wear and tear. My wife and I do not confess to be window experts but in our humble opinion the job we paid £150 for was a job well done. My wife and I were told by the
Was your tenancy an "Assured Shorthold Tenancy" (It should say this on the top of your lease)? If so, did you pay your deposit after April 2007 to the Landlord or his agent and was the deposit protected by a deposit scheme?
Yes the tenancy was an AST which began in January 2009. We paid a deposit of £550 in additition to the first months rent (£550). I checked with the TDS, DPS, MYDEPOSIT and no my landlord did not register to protect my deposit. How can recover the remainder of my (unprotected) deposit (£250) without having to go to court?
Thanks, André
Your landlord is obliged by law to protect your deposit in a deposit scheme or to take out insurance to protect the deposit. It is the landlords personal responsibility to protect the deposit and his failure to do so means that he may be obliged to hand over 3 times the deposit to you as a penalty. I would strongly suggest that you write to the landlord and advise him that you will take legal action against him for failing to protect the deposit in a regulated scheme and for failing to repay the deposit. Such a threat can induce him to repay the moneys he owes you quickly - if he fails to respond or to repay you I would strongly urge you to visit your local CAB or Legal Advice Centre (you can get details of where to find them from your Local Council or library) - they can write a letter on your behalf or help you commence proceedings against your Landlord for the return of the money he owes you plus the penalty payment.