Getting deposits back from landlords

Honest Tom

Honest Tom

At the Start
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May 2, 2003
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My daughter who's at university was sharing a flat with 2 other girls until they all left at the end of June. They didn't get the flat through an agency and they only have the guy's name and mobile number but they do say he has family (not sure of the connection) that reside in the flat next door to the one they rented. They each paid a deposit of £300 but he is ignoring any calls / texts from them. As yet he's not resorted to the mythical damage claims. Apart from extractng the money in teeth is there any legal route (small claims court?) that won't be a waste of time?

Was there a thread on something similar on here a while back?
 
I would try the Citizens advice (yes I know Ardross hates them but they have served me well in the past and I have had plenty of times where I have needed them) - they will give you reams of stuff about what she can do.

http://www.citizensadvice.org.uk/in...riefings/pb_housing/cr_tenancy_deposit_scheme

I think I am right in saying all deposits must be placed in a seperate account that the landlord must give the tenant a copy of. If he has failed to do this, this is strike one against him.
If you don't have an address, try the electoral register if you know roughly where he lives so you can serve papers on him if you do resort to the Small Claims court.
I presume she had copies of gas boiler checks (if not hes committing a criminal offence).
Take the b*stard for everything if possible. I had a horrible landlord whom I rented off privately (he was a well respected dentist in town too) - eventually I got the council involved as well as reporting his threats to the police and the council reported him to the Inland Revenue for failing to declare his rental as income as he always insisted in cash payments.
 
Having been through a similar thing myself recently, perseverance and the threat of small claims court did the job eventually.

One thing to bear in mind, even when he does start responding, he will have plenty of delaying tactics to hand if he doesn't want to pay up. Make sure your daughter has copies of all the final bills to hand as he may be within his rights to see them and waiting for councils and/or utility companies to come up with the goods is equally as frustrating.
 
Thanks for the replies. I've just googled and discovered there is a tenancy deposit protection scheme in England and Wales that has yet to be implemented in Scotland. :-(
 
Was just about to bring that up; whether it was in a DPS trust will likely make all the difference I'd have thought.
 
There's an ex-para called Danny who advertises for freelance work on the internet. I think you get my drift.....
 
I am surprised that the E Dead Group have not taken it upon themselves to resolve this matter in a swift and decisive fashion.

Small claims court would be my choice - which also differs from it's English counterpart. CAB would be able to advise better though, my knowledge is from studying Scots Law nearly 20 years ago.

Alternatively, I understand that all sorts of people can be contacted in the Lea Rig on Ally Parade. ;)
 
Thanks Simmo. The E. Dead Group tend not to mete out what would be described as remedial punishments. With them it's a case of one strike and you're out (for ever).
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