How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask tdlawyer Your Own Question
tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
73598664
Type Your Law Question Here...
tdlawyer is online now

How can I get my security deposit back from my previous tenancy?

Resolved Question:

How can I get my security deposit back from my previous tenancy? The landlady said she gave Countrywide notification 2 weeks ago to pay my security deposit in full (£845). I have tried telephoning and emailing them - which no ones replies or no one will respond to. We are not rich my husband suffered a heart attack the day we received notice section 21, he was undergoing surgery. We have not been in debt or owing money in the form of rent arrears. In 80 months
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Has the landlord shown you a copy of their instructions to release the deposit?

Customer:

No, She told us on 24th May as she invited us over to her house to collect plants that I had forgotten I had ordered.

tdlawyer :

Okay, then you should ask to see this. You never know what has really been done in the background until you see some proof.

tdlawyer :

She may be telling the truth, but it would be better to see some written confirmation.

Customer:

She told us that she had just received the keys and the report back. She had a fall out with the Agent who was at the time John German who have now been taken over by Countrywide. The security deposit is with them not put in a separate company which is really worrying when you cannot get hold of them. Either in the West Bridgford Office here in nottingham or from the head office.

tdlawyer :

This is a small claim, foe £845, and will be in the small claims court. I would suggest you consider issuing proceedings against both of them: the landlady and the countrywide.

tdlawyer :

You can do this online at www.moneyclaim.gov.uk

Customer:

AGGh, More money that we don't have all we want is our money back - I thought the Government/law were there to protect people like me not keep costing us money we cannot afford

tdlawyer :

Sadly, they keep putting the court fees up and up all the time too!

Customer:

This is not helpful.

tdlawyer :

But this seems to be the most realistic route, but before you do that, you should write to Countryside and see if you can get them to recognise that payment should be made back to you. Obviously, you can't force them without a court order though, but it may be a process you have to go through.

Customer:

We have communicated with them via e-mail which is written, we have communicated verbal over the telephone. If I was to put it in writing and post it and have it signed for posted. I still will get ignored. I am getting from Robert Crouch who said that the money was with them and they will notify me, not for me to get in touch with them again. My Husband suffered a Heart attack - we have lived literally hand to mouth this nearly killed him. Please understand my frustration and anger that this company is so full of lies!!!

tdlawyer :

I do see your frustration. If you area struggling financially, then you should apply to the small claims for a fee remission, so you don't have to pay any of the court costs. This is at the court manager's discretion.

tdlawyer :

Once you issue a claim, something tells me it should sort very quickly.

tdlawyer :

It's terrible that sometimes people have to issue proceedings to get things done, but that's a fact unfortunately.

Customer:

We don't have an endless bucket of money to dive in to and our savings took such a hit when we had to move - through no fault of our own.

Customer:

I see. Ok well can we claim this as damages against them too. As I thought they could only keep the money legally for 30 days and that ran out on the 28 of last month

tdlawyer :

You would claim the deposit as damages in effect, yes.

Customer:

What about the time lapse and the stress and the fact that this has caused a great deal of financial hardship on us which hasn't done my husband any good.

tdlawyer :

You should get interest at 8%, but anything else is likely to be difficult to claim for I'm afraid.

tdlawyer :

The law doesn't normally allow claims for inconvenience/stress etc. in this context.

Customer:

What a suprise. the bully's and the baddies rule it would seem. ok thank you.

tdlawyer :

Thank you. XXXXX ask whether you're happy with the service given today please?

Customer:

I did think that the law was more on our side and it was not going to be so stressful and so expensive. I can barely afford your fee to find out I've got to get further in to debt just depresses me -to be honest.

tdlawyer and other Law Specialists are ready to help you