We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Taking Landlord to Court for Not Protecting Deposit
Comments
-
Me, or those that are telling me what they think I should do without knowing the full facts and circumstances of the situation, when I simply asked for some advice on taking it to court?
I'm sure you have your reasons and I appreciate there are some pretty awful landlords out there. You are certainly within your rights to take action if it is not protected but I think people just want you to make sure you don't end up with even more hassle than if you just gave your notice and found somewhere else to live. Perhaps you should just give notice then if there is a discrepancy over anything with the landlord keeping money back you don't agree with, this may be the time to take action? Having said that, if it is not protected, your landlord is breaking the law which is a reason to have a 'gripe'.....
0 -
Thanks for the moral judgement, however that wasn't what I requested all I asked for was simply some advice on the process!
Kpey - trust me when I say this is NOT a moral judgement at all. It's one of sense!!! Do you really want to keep contact with this person? What if he's the type to hold grudges and then wait for a time n the future to try to get one over you? As has been said these things have a habbit of coming back and biting you on the !!!!. I personally think that for some hassle in the PAST, and a future free of it from him, I would just walk away.
At the end of the day you have to do what you have to do... but I have seen the consequences of people trying to extract revenge. None have ended well!0 -
I am giving my notice most likely next week as mentioned, and I just feel like I would like some recompense for the utter farce that has been my tenancy for the past year. People do frustrate me when they start lecturing about "revenge". :mad:
I take my responsibilities as a tenant in someone else's property very seriously and I would like to be treated likewise by my landlord! Unfortunately he does not take his responsibilities very seriously hence why at the moment I don't even know if I am going to get carbon monoxide poisoning because he can't even be bothered to get a gas safety cert. That's just one example!
I do understand where people are talking about the hassle - that's why I came here to get facts and advise from experience on taking him to court about my deposit. I have rung the three schemes this morning and none of them have anything registered....0 -
Kpey - trust me when I say this is NOT a moral judgement at all. It's one of sense!!! Do you really want to keep contact with this person? What if he's the type to hold grudges and then wait for a time n the future to try to get one over you? As has been said these things have a habbit of coming back and biting you on the !!!!. I personally think that for some hassle in the PAST, and a future free of it from him, I would just walk away.
At the end of the day you have to do what you have to do... but I have seen the consequences of people trying to extract revenge. None have ended well!
My WHOLE point of being here was to get advice on the process and whether it is worth me taking him to court. Not to discuss the whys and wherefores of why I am doing so?0 -
-
kpey
I have no idea how you go about claiming 3x deposit but just wanted to wish you well.
I'm a landlord and my tenant's deposit is protected. I do not understand the stupidity of landlords who fail to comply with the law whether it is the TDS, gas safety or any other legal requirement. IMO, legal requirements are the MINIMUM standards that a landlord should meet. My property has an Electrical Safety Certificate even though this is not mandated in law.
Once you know HOW to claim 3x deposit for non-compliance you neeed to consider whether or not a doddery old judge who may be a landlord him/herself will award the correct judgement. Whilst the law is clear (using the word 'MUST' rather than 'CAN IF HE FEELS LIKE IT') we all know that judges can be stupid. There is no guarantee that you will get what you rightly deserve (by law, at least).
Personally, I think the law is stupid but that doesn't make it less of a law.
As for gas safety certificates, they are law too. Somewhat more important than protecting of deposits. If I was a tenant I would pay to have one regardless of whether or not my landlord provided one. This would avoid the risk of the landlord paying a mate to provide the certificate. I like to take responsibility for my own safety and that of my family.
Once again, good luck and please, come back to provide an update when you decide your next move.
GGThere are 10 types of people in this world. Those who understand binary and those that don't.0 -
I am giving my notice most likely next week as mentioned, and I just feel like I would like some recompense for the utter farce that has been my tenancy for the past year. People do frustrate me when they start lecturing about "revenge". :mad:
I take my responsibilities as a tenant in someone else's property very seriously and I would like to be treated likewise by my landlord! Unfortunately he does not take his responsibilities very seriously hence why at the moment I don't even know if I am going to get carbon monoxide poisoning because he can't even be bothered to get a gas safety cert. That's just one example!
I do understand where people are talking about the hassle - that's why I came here to get facts and advise from experience on taking him to court about my deposit. I have rung the three schemes this morning and none of them have anything registered....
If the deposit isnt protected, you need to write to your LL giving him 7 to 14 days to protect it. List the various sanctions that non-complince means.
If he doesnt protect it, you should send a Letter Before Action (LBA) giving 7 days and then you will submit the attahced N208 county court claim for to the court. Print of an N208 and fill it in and include it with your LBA so he can see you mean business.
The next step would be to submit an N208 form to the county court. The cost to do this is £150.
You should be aware that if the deposit is subsequently protected, your claim is likley to fail.0 -
The deposit issue is entirely separate to your LL's flouting of gas safety regs and his apparent failure to deal with repairs so leave those out of the equation for now ( did you notify the repairs issues in writing btw?) No gas safety cert and/or annual gas safety check - let the Env Health Officer know at the local Council and /or the HSE as the LL can be fined for this one.
There is no guarantee that you will get your 3x penalty payment for non- registration of deposit if , before any court hearing, the LL simply either returns the deposit in full to you or scheme-registers it. I don't condone the behaviour of LLs who fail to register tenant's deposits ( or ignore the gas regs) but as some of the others have highlighted there is no guarantee you would be successful. Follow Planner's suggestion if you want to pursue the matter. Good luck.0 -
olibearhorse wrote: »whilst I don't entirely agree with your motive, this may help:
Where a Landlord fails to comply with Tenancy Deposit Protection, there are two sanctions:-- Unable to use Section 21 notice .....
Whilst this is indeed one of the provisions of the Housing Act it doesn't help the OP - he has already said that he is intending to give the LL notice. It would be a rare tenant , I think, who sought to avail him/herself of the right to stay put if the property has outstanding repairs issue and no gas safety cert.0 -
[/LIST]Whilst this is indeed one of the provisions of the Housing Act it doesn't help the OP - he has already said that he is intending to give the LL notice. It would be a rare tenant , I think, who sought to avail him/herself of the right to stay put if the property has outstanding repairs issue and no gas safety cert.
Totally agree, just giving him the standard information that he effectively and originally asked for. I personally wouldn't put up with an awkward LL when there are so many good ones out there.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351.3K Banking & Borrowing
- 253.2K Reduce Debt & Boost Income
- 453.7K Spending & Discounts
- 244.3K Work, Benefits & Business
- 599.5K Mortgages, Homes & Bills
- 177.1K Life & Family
- 257.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards