Squeezing security deposit out of Landlord

[uberscruff]

Probably a fairly simple one this. The mrs and I left our flat in London about 8 weeks ago to (permanently) return home to NZ. The flat was left in perfect condition, and after several weeks of no communication, the agency we were renting the property through finally agreed to return the entire deposit (about 1300 pounds). Since then, despite constant pestering from me, they have completely failed to return the money. I would go and make a scene in their office during a busy time, but it's 12000 miles away.

I'm getting absolutely sick of waiting for them to sort this out - they have a history of being absolutely useless at everything they do and they don't seem to be taking it at all seriously. I'm not prepared to put up with any more crap where 1300 quid of our money is concerned, so I would like to make a few credible threats to focus their attention a bit.

So, if I were to take legal action in this sort of situation, what form would it take? I would rather not go there if at all possible, but I want them to know that it is on the cards if they don't sort this out soon.

I was also thinking about starting to charge them interest for the period of the delay. Can I do this?

ta in advance

[davidra]

Write them a letter. No ranting. Polite but firm. State your case again, in some detail. Note previous correspondance inc. telephone calls. State you have made more than reasonable attempts to get payment. Note their previous acceptance of the debt. Attach copies of photographs or any evidence you have. The credibility of your threat depends on the quality of your language (you seem to be able to write well so this won't be a problem if you take care). Don't exaggerate or make unreasonable threats.

Write that unless you get an acceptable response within (e.g. 2 weeks/1 month) you will file a case in the small claims court against them without further notice. Give enough time for them to pull the finger out and get it sorted, partly because this is easier for you and partly because this is neccessary (you have to give them this chance). Mention you will also file a complaint with relevant ombudsman/trade accreditation organisation.

Since you are in NZ you may have to do this through a solicitor or representative in the UK (I don't know enough about this).

Good luck, in my experience they usually crumble at the last minute and then you have to cancel the hearing - but make sure you get payment first!

dave

[joewilliams]

You can file a claim in the Small Claims Court online: https://www.moneyclaim.gov.uk/

As above, write to them giving them a reasonable amount of time to return the deposit. After this time, file the claim. Court paperwork does tend to focus the mind

[Wings]

davidra said:

Write them a letter. No ranting. Polite but firm. State your case again, in some detail. Note previous correspondance inc. telephone calls. State you have made more than reasonable attempts to get payment. Note their previous acceptance of the debt. Attach copies of photographs or any evidence you have. The credibility of your threat depends on the quality of your language (you seem to be able to write well so this won't be a problem if you take care). Don't exaggerate or make unreasonable threats.

Write that unless you get an acceptable response within (e.g. 2 weeks/1 month) you will file a case in the small claims court against them without further notice. Give enough time for them to pull the finger out and get it sorted, partly because this is easier for you and partly because this is neccessary (you have to give them this chance). Mention you will also file a complaint with relevant ombudsman/trade accreditation organisation.

dave

Good advice, legal action can be taken out online;

http://www.hmcourts-service.gov.uk/

[Piglet]

If they have written to you confirming that the deposit will be returned then I'd write to them (keeping copies) giving them 7 days to make the payment (realistically you may want to give them longer given the distance but with email and direct bank transfers I'm not sure that I would...).

I'd then go straight to Money Claims online and issue the paperwork with a scan of their confirmation that they are returning the money attached to the claim.

I can't see that they have a defence on that basis.

(as an aside if they've pissed you off, you're entitled to interest on the deposit monies for the whole period it was held (it was always your money) - once you get the main amount from them I'd go after them hard for interest!)

Edited by Piglet on Tuesday 27th November 08:30

[blueyes]

Another option is to call them and ask them how long it would take to TT the money to your account. When they ask why, tell them have that long to do it because there are two nasty Kiwi's filling up their car and on their way to cause a lot of fuss at their office.


Worked for me with a car dealer who was a bit tardy with my money.

[uberscruff]

Result! Sent a sternly worded letter with a threat of small claims court action direct to the manager, and all of a sudden they make the payment

Cheers for the advice