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Has anyone ever gone through the small claims court(landlady not retuning bond)

(33 Posts)
Nanban Thu 15-Sep-11 23:15:21

Supposing there was a letting agent and not simply a landlord - which is of course a tip - letting agents generally mean the rules are followed but individuals letting out for themselves may not be as easy

glammanana Thu 15-Sep-11 23:03:08

biker The letting agent is responsible for lodging the deposit in a secure account and he should have the detail's to hand by law if he took the deposit from your DD and arranged her the letting of the property,he is also the person responsible for the final inspection and returning of the deposit,I know this as my DD went through the exact same problem 18mths ago.A word to the wise some landlords try to wait until final meter reading have been made and use this as an excuss to hold on to monie's.Good luck to-morrow

bikergran Thu 15-Sep-11 19:36:04

sorry do appologise for spelling .....please can w ehave spell checker ......its yrs since I left school [smile[

bikergran Thu 15-Sep-11 19:34:36

hello and thanks for all replies...have bene searching for a few hours..and found N1 form which I can download....you fill it in and then take it to your county court with a fee (think around £80) to start with...then the next stage happens and you pay anothe fee..forget what its called then another stage where you pay around £150 I read one letter but ti may havebeen an old one and it cost them over £350 all told...they did get money back and court costs.....obviously we really dont wnat the stress or the wait as it could take 6 months...all my daughter wants is her money back that this landlady has obviously spent!
Elegran if you google landlords secure deposite scheme it should come up with the info....which if anyone is ever thinking of renting should take a look at...we /daughtr was a bit nieve....it has been law from april 2007 that any deposite you pay MUST! be put into one of the schemes it is the law...also you must ask and receive a certificate to tell you in which scheme your deposiet is held in..this your landlord/lady must do! not much help to us now but if it helps anyone else or any of your daughters/sons/freinds etc....then it may be worth checking up on if you or anyone has paid a deposiet(some times called a bond)....thanks for all your replies I will look into each one of them..my heads full at he mo......
goodnight all smile

Nanban Thu 15-Sep-11 19:07:06

CAB would be the best solution - they are marvellous. I think there is a small court fee but I would have thought £500 far too much for them to charge. This is one of those horrible problems that shouldn't but only too often happen and I so hope you have a successful outcome.

nannym Thu 15-Sep-11 19:02:34

Biker I'm not sure if this will be particularly comforting, but a few years ago one of my friends resorted to the small claims court to try and resolve a financial issue and though she won the case she didn't get a penny as the other party claimed severe financial problems and said they were unable to pay. Only good thing was that she didn't have to pay anything in the way of costs.

Elegran Thu 15-Sep-11 18:53:02

I googled "secure bond scheme" and had only two results - one clearly irrelevant - but this site says it has 11 property solicitors standing by to answer your questions, and an "ask your question now" link. Maybe someone there can help?

www.justanswer.com/uk-property-law/59jum-sent-email-old-land-lady-saying.html

11 of them doing nothing but drink coffee must surely be glad of a chance to answer!

bikergran Thu 15-Sep-11 18:29:55

Will try make it short....daughter has moved house (thats another story for a rainy day)!
initialy she paid months rent /bond £525 it has now been 18 days...(according to contract the bond is supposed to be back with in 14 days) also!! it is supposed!!! to be held in a "secure bond scheme" not sure if any of you have herd that..but basicly when you pay bond it goes to a thrid party who looks after it...and so long as no damage etc to property then you get it back...anyway we are almost certain daughters bond is NOT in secure scheme which is illigal and if taken to court landlady then has to pay costs and 3 times the bond.....we have asked for the certificate or at least a copy 3 tiems no but nothing..landlady says daughter will get bond back when she has inspected th house..!! this has been promised since 28th August....daughter lives here in lancashire landlady lives in Scotland and we know she has money problems ....as debt letters concerning non payment of mortgage were coming to house....soooooooo has anyone taken any one to small claims...it looks like we are going to go down that route....and it could cost as much as £500 to do that......?? any help anyone.......it is very distressing as daughter cannot move on...with the bond money...and the upset it is causing me and hubby...he is that distressed that earlier today after I made no further progress with the letting agent was ....and these were his exact word!!! " if I had the courage to commit suicide then I would"!! as you can imagine this is very distressing ....as he is quite down most of the tiem these days.....but that si yet another story he soon gets depressed etc.....so i am trying to find the best solution..I have a rung a free helpline but as daughter works it is going to cost her/us money I can go CAB in the morning but to be honest they just rhyme off whats on the net which I already know....so small claims anyone???