Landlord ignoring rental deposit return request

Landlord ignoring rental deposit return request

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Discussion

Nath911t

Original Poster:

583 posts

196 months

Tuesday 16th October 2018
quotequote all
This isn’t for me so I’ll give as much information as possible and if I’m missing any, I can get it quite easily.

A person I know (an OAP) took out a rental agreement directly with the landlord for a flat in Wales. A £500 deposit is paid but not put into a bonding/security deposit account.
All is good for 2 1/2 years and they hand notice in to leave.
They leave in January 2017 and ask for there deposit back by phone call and text. Nothing, no response.
They send a recorded delivery letter to the l/lord at the rental address and one to another address (believed to be the l/lords parents) given by the l/lord (which the tenant had communicated with them before and received written replies).
Both letters were returned by Royal Mail as unable to deliver as no one had signed for them.

Just recently I was asked if I could help.

I sent a letter giving 28 days to return the deposit money otherwise on the 29th day I will start a claim through the Courts.
I sent 4 identical letters. One to each address by signed/tracked delivery in the l/lords name and one to each address in Christmas card envelopes with no name on them.

The rental address replied by letter in response to my letter in the Christmas card envelope saying he bought the flat in January of this year from the l/lord and has no idea where the landlord is and any mail was forwarded to an estate agents. He also claims that his Solicitor did try to contact the l/lord but received no reply and wished us luck contacting him. - I’ve done a search via Rightmove/Zoopla and it doesn’t show it as been listed nor a change of ownership since 2012 which was when the l/lord bought the flat. I called the estate agents and they simply replied - Who? Cant help you....

At the parents address the letter was signed for although not by the l/lord himself but I do have a copy of the signature and name.

I’ve done a bit of searching around this morning and have found the following:-

The person who replied from the rental address shows up on the electoral role but it doesn’t state for how long and since when.
The l/lord shows up at the parents address to 2017, however he also shows up as a new company director as from Feb 2018.

It’s my thinking that since the rental property doesn’t show up as been sold/bought that he still owns it, so would I be right in replying to the rental flat address stating it doesn’t show this guy is the owner and searches show the l/lord has not sold the property. It could be the case the l/lord has rented it out to a friend of his hence the written reply as I can’t see any normal person wanting to get involved by replying with those contents of the letter. It might be the case they’ve forgot to put the sale on the land registry.

I also think the l/lord is either living at his parents address or using it as a mailing address as he shows up on the electoral role and his recent directorship on companies house.

I’m happy to progress this to a claim to get the rental deposit back but the question I have, is that if he continues ignoring any and all correspondences at both addresses will the claim just end up on the bin pile and be a waste of money?

nyt

1,803 posts

149 months

Tuesday 16th October 2018
quotequote all
If the deposit wasn't lodged with one of the three approved agencies then the landlord is breaking the law and the tenant may be entitled to substantial compensation

https://england.shelter.org.uk/housing_advice/tena...


Zoon

6,654 posts

120 months

Tuesday 16th October 2018
quotequote all
nyt said:
If the deposit wasn't lodged with one of the three approved agencies then the landlord is breaking the law and the tenant may be entitled to substantial compensation

https://england.shelter.org.uk/housing_advice/tena...
This exactly.

dmsims

6,450 posts

266 months

Tuesday 16th October 2018
quotequote all
From a pragmatic viewpoint you must establish with 100% certainty the Landlord's current address for service of documents - otherwise come court time it's just going to get thrown out

If you can do that then yes it's worth it. If you win you can (eventually) escalate it to the high court and let the bailiffs get the money smile

dmsims

6,450 posts

266 months

Tuesday 16th October 2018
quotequote all
Zoon said:
nyt said:
If the deposit wasn't lodged with one of the three approved agencies then the landlord is breaking the law and the tenant may be entitled to substantial compensation

https://england.shelter.org.uk/housing_advice/tena...
This exactly.
Only if it was an AST

Nath911t

Original Poster:

583 posts

196 months

Tuesday 16th October 2018
quotequote all
Thanks for the quick replies.

I've got the paperwork for the deposit in front of me and it states -

Receipt of payment for bond on
date
address
amount
This payment is accepted as a bond and will be held by Mr Landlord until notice is given by either party at the end of the tenancy agreement.

The bond of £500 will be kept by Mr Landlord until the end of contract and returned to Mr Tenant providing the property is left in good order.

Signed by Mr Landlord

Nath911t

Original Poster:

583 posts

196 months

Tuesday 16th October 2018
quotequote all
dmsims said:
From a pragmatic viewpoint you must establish with 100% certainty the Landlord's current address for service of documents - otherwise come court time it's just going to get thrown out
Thanks and this is my concern. How do you find someone that doesn't want to be found or who has other people watching there back

Amateurish

7,697 posts

221 months

Tuesday 16th October 2018
quotequote all
Process server?

anonymous-user

53 months

Tuesday 16th October 2018
quotequote all
Is it worth spending the few quid it costs to check with the land registry who the current owner is?


Amateurish

7,697 posts

221 months

Tuesday 16th October 2018
quotequote all
JPJPJP said:
Is it worth spending the few quid it costs to check with the land registry who the current owner is?
Agreed, £3 well spent

Mr Pointy

11,146 posts

158 months

Tuesday 16th October 2018
quotequote all
OP: was the rental under an AST? It's a key question.

B17NNS

18,506 posts

246 months

Tuesday 16th October 2018
quotequote all
nyt said:
If the deposit wasn't lodged with one of the three approved agencies then the landlord is breaking the law and the tenant may be entitled to substantial compensation

https://england.shelter.org.uk/housing_advice/tena...
This. Or just stop paying rent. Should soon hear from him.

anonymous-user

53 months

Tuesday 16th October 2018
quotequote all
B17NNS said:
This. Or just stop paying rent. Should soon hear from him.
Tenant moved out jan 17!

B17NNS

18,506 posts

246 months

Tuesday 16th October 2018
quotequote all
JPJPJP said:
Tenant moved out jan 17!
Ah I see.

Nath911t

Original Poster:

583 posts

196 months

Tuesday 16th October 2018
quotequote all
Thanks all.

Amateurish said:
Process server?
Maybe, but where do these guys get there info from tot track people down?

Amateurish said:
JPJPJP said:
Is it worth spending the few quid it costs to check with the land registry who the current owner is?
Agreed, £3 well spent
Embarrassingly enough, I didn't think of that and relied on rightmove and zoopla for accuracy. Any links to the site for it as the ones google throws up seem to be adverts for companies charging more money.

Mr Pointy said:
OP: was the rental under an AST? It's a key question.
I'm sure they said it was AST but will find out for sure. If it isn't would that reflect on just the rental deposit schemes and not the chances of trying to retrieve the rental deposit back?

MentalSarcasm

6,083 posts

210 months

Tuesday 16th October 2018
quotequote all

xjay1337

15,966 posts

117 months

Tuesday 16th October 2018
quotequote all
Hopefully 3x rental agreement coming your way!!!

Nath911t

Original Poster:

583 posts

196 months

Tuesday 16th October 2018
quotequote all
MentalSarcasm said:
Thanks smile

xjay1337 said:
Hopefully 3x rental agreement coming your way!!!
That would be some icing on the cake for them smile

I've just done the LR search and it shows the landlord as still been the landlord, as well as the registered owner and at his parents address. So he is fully aware of the request for the rental deposit.

I'm just wondering if the new tenant passed my letter to the landlord and then he replied in his tenants name. I think what I'll do at this stage is to draft a new letter up and send it along with a copy of the new tenants reply letter to both addresses stating a LR search has showed it has not been sold. I'm unsure whether to put a copy of the LR search in with the letter.

Time to get the Christmas card envelopes out again laugh


Wings

5,810 posts

214 months

Tuesday 16th October 2018
quotequote all
Nath911t said:
That would be some icing on the cake for them smile

I've just done the LR search and it shows the landlord as still been the landlord, as well as the registered owner and at his parents address. So he is fully aware of the request for the rental deposit.

I'm just wondering if the new tenant passed my letter to the landlord and then he replied in his tenants name. I think what I'll do at this stage is to draft a new letter up and send it along with a copy of the new tenants reply letter to both addresses stating a LR search has showed it has not been sold. I'm unsure whether to put a copy of the LR search in with the letter.

Time to get the Christmas card envelopes out again laugh
Why do any of the above, why do you want to advise a rogue of the information you have obtained about him.

Simply let him continue to act like a chump, let him hang himself, and let him show the court what a dishonest rogue he is. Just write to him in your friend's name, that unless the Deposit monies are refunded within ten (10) days, legal proceedings will be started to recover the same together with all legal expenses.


If one is certain that the Deposit was not originally protected in a Tenancy Deposit Scheme, then any local solicitor would relish the opportunity of taking the case before the courts.



Nath911t

Original Poster:

583 posts

196 months

Tuesday 16th October 2018
quotequote all
Wings, point taken.

At this stage they would just be happy to get the deposit back. If they don't pay up within the notice period, I'll fill in the claim form.