We have been in discussions with our ex-landlord over returning our deposit. We moved out at the end of April and after delaying at every turn, changing his mind and views, and making agreements he reneges on etc. we are now in a dilemma. We have since found out he did not deposit our money in to a scheme when he should have done.
He has offered to pay our deposit back, because we have threatened small claims (though we have little faith he will not change his mind again) but seems to have missed that it is no longer about us leaving the house uncleaned (which we vehemently dispute) but that he did not comply with regulations and deposit our money in to a deposit scheme. (He is not registered as a landlord either.) Meaning he has broken the law and should have to account for this. He is not a new landlord, in fact he once worked for a leasing company, so should have known better.
Should we accept his money (which he says he will transfer tomorrow) and then still take him to small claims over non-compliance? Or should we accept his money and leave it? Or should we just refuse his offer and then see what happens in Small Claims?
Also if we did accept his offer, we expect he will want to caveat by saying we will not take him to court, but can he do this? And do we have to agree to any such caveat?
Any advice welcome.
Kath
He has offered to pay our deposit back, because we have threatened small claims (though we have little faith he will not change his mind again) but seems to have missed that it is no longer about us leaving the house uncleaned (which we vehemently dispute) but that he did not comply with regulations and deposit our money in to a deposit scheme. (He is not registered as a landlord either.) Meaning he has broken the law and should have to account for this. He is not a new landlord, in fact he once worked for a leasing company, so should have known better.
Should we accept his money (which he says he will transfer tomorrow) and then still take him to small claims over non-compliance? Or should we accept his money and leave it? Or should we just refuse his offer and then see what happens in Small Claims?
Also if we did accept his offer, we expect he will want to caveat by saying we will not take him to court, but can he do this? And do we have to agree to any such caveat?
Any advice welcome.
Kath