swarb.co.uk

Free money? That would be nice! I would just be happy with our deposit back!

Well the 14 days for him to respond is up today. It looks like he has ignored the letter I wrote and is just waiting to see what we do next.
The trouble is now I don't know after what I have told above, I really don't want him to get away with basically stealing our money but it looks like he holds all the cards.

Was also thinking about contacting these guys: xx

They charge 15% on a no win no fee basis, so what have I got to lose? Anybody heard of them?

It is obvious who they are, what qualifications they have - if regulated, insured etc. Unless you are quite sure, take care.

Yes, I've heard of them. They issue claims on the wrong form and take 50% of the judgment. Read this yy

You still have the low risk option of claiming just for the return of the deposit (and forget the 3x deposit penalty). You can do this via Money Claim Online. It would be allocated to the small claims track where court fees are much lower etc and you wouldn't need to use a solicitor.

This may be an unfair article. As far as I can see the small print is clear as the following states:

1.6 ‘Fee’ means the fee of 15% plus vat of the recovered deposit plus disbursements payable to xx for the services carried out, subject to a minimum fee for services of £150.00 plus vat.

1.7 Our costs will be taken from additional remuneration negotiated.

1.8 In the event that xx oversees a successful County Court claim for deposit recovery and penalties on behalf of the Client, xx’s fee is 15% + vat of the judgement awarded.

Unless they changed their policy after the 50% cost incident? If anyone could suggest another reputable no win no fee solicitor that would act on my behalf i'm all ears!

It's from the blog of a firm of specialist landlord and tenant solicitors. As far as I am aware, xx are a highly respected firm. Whereas NTH does not appear to possess any legal credentials. I have now had a thorough look through their website.


The definition of 'disbursements' and 'services' is somewhat vague, but seem to include debt recovery from the Judgment Debtor.
1.11 “Disbursements” means amounts paid by xx for services on the clients behalf in advancement of the case.
1.10 ‘Services’ means the services provided by xx or Agents including, entering into the recovery of debts from the Company.

'Additional remuneration' sounds like an extra charge.

Unbelievably high charges for "non payment" - no mention of how long overdue payment must be before this is levied.
1.13 “Claim Charge” means the charge for non payment of fees due and payable calculated at 35% plus vat of the recovered debt, any remuneration negotiated and penalties awarded (if applicable).

So, let's add up the various charges: 15% 'fee' + unspecified 'disbursements' for 'services' including debt recovery + potential 35% 'claim charge' + 'costs' taken from 'additional remuneration'. Plus VAT & interest. No mention of who pays the court fees or how high these are in the multi-track. Oh, and no cooling off period. I don't think I've even seen such a dodgy set of terms and conditions before. I reckon you'd be lucky to get your original deposit back, in the unlikely event of xx successfully pursuing a claim for non-compliance, on the wrong form.

xx claim to be a not-for-profit-organization. Pull the other one.

Clause 1.1, their attempt to define 'claim', is woefully shaky in its grasp of the statute.

xx assert: "In the majority of cases we will agree upon a settlement with your landlord without the need to go to court." Never mind that the 3x deposit penalty can only be applied by a court, no landlord with half a brain would settle out of court when the outcome of cases is notoriously unpredictable.

In short, I'm convinced by yy's theory that xx is in fact a firm of aggressive debt collectors. So what they probably do is threaten LL's with court action and cream off a large portion of the payments from anyone stupid enough to 'settle out of court'.

Read the blog link again.

The names and links will disappear very shortly -no names.

calvinheath
Why not proceed as IKB suggests and go down the small claims route to recover your deposit ?
It's fairly straight forward and the judge may well decide what is equitable and on the balance of probabilities without strickly applying L&T law.
I have never understood why it's never been made law that a lease/tennancy areement must be accompanied by a schedule of condition at the outset.

Probably because it would primarily provide protection for the landlord, insofar as evidence of the original condition of the rental property is necessary to support any subsequent claims for damage.

Any sensible LL will have an inventory check-in carried out, but no loss to the tenant if he fails to do so.

Just writen to him again outlining out disapointment at the first letter being ignored and telling him we were not going to let this go.

I filled in and printed off court form N208 and enclosed it saying we would give him another 7 days out of courtesy before sending the forms to the court to start procedings against him unless he sends our full deposit back to us.

I don't know if it will do any good but its worth a try. I only really wanted my original depost back but if he wants to drag this out and not even have the manners to reply as least I can show the court I tried! I want to take the !!!!!!! for the full penalty to the word of the law + interest + court fees. Should work out well over 3 grand.

Don't do it without a solicitor who is knowledgeable in this field.

It seems to be accepted here that a former tenant may no longer be entitled to claim the penalty.

For what my input is worth. I was in exactly the same position 18 months ago. Rich landlord, total arsehole in fact, kept my deposit for no reason at all after getting me to stay in his aspergillus infected flat. Anyway I wrote to him, pointed out he had failed to comply with the laws regarding deposits and would sue him. He agreed to give 50% so I took and ran. Personally I would not risk thousands to win hundreds, rather I would pay a solicitor £50 to write a nice firm letter on his letterhead tell him he has been instructed etc etc and see how he reacts to that.

Denis