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Landlords Keeping Deposit

1246

Comments

  • N79
    N79 Posts: 2,615 Forumite
    Lady of Elysium you now have two options.

    1. Launch a claim for 3x the deposit. Your LL could defend this by returning your deposit to you in full (plus any costs you incur). Your LL may counter claim for damage but note that they would still have to return your deposit first. If the court finds a basis to their damage claim then they will order you to pay this amount to the LL. It will be for the LL to prove the damage. Of course, if they fail to repay your deposit before the court hearing then you should get (>90%) your deposit back plus 3x the deposit. You will also still have to pay for the damage if the court believes there is damage to pay for.

    2 Launch a small claims court case for the return of your deposit. Your LL may counter claim for the damage and would not have to repay your deposit until a court rules on the damages. If the court rejects the damage claim they will order your deposit returned. If they accept it, they will order the balance of your deposit to be returned.

    Note that claim 1 will be more expensive to launch and you will be at risk for your LL's costs if you lose as it is a part 8 and not a small claims track claim. Claim 2 will be small claims court with no risk of costs and lower court fees. Obviously if you win in either case your LL will have to pay the court fees.
  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    N79 wrote: »
    No - the LL in this case could repay the deposit in full to the T instead. Provided they do this before the court hearing then, based on the judgment in Universal vs Tensia that it is the status of the deposit on the day of the court hearing that matters, there would be no "unprotected" deposit against which the penalty can be awarded.

    I thought I read on the Nearly Legal blog, that this was a good reason for not accepting the deposit back before court? As in, if a tenant accepts it back, they can't go for 3x.

    I also read a post on the Shelter forums from a council stating that they still persue landlords who failed to protect a deposit for 3x even though that tenancy has finished; on the principal that they shouldn't be allowed to get away with a crime just because they didn't get caught in the act.
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    ladyofelysium wrote: »

    Our contents insurance is with an American holder, USAA. I highly doubt there is legal cover for within the UK.

    Have you asked?

    Have you got credit cards in the UK with legal cover?
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    BitterAndTwisted wrote: »
    A
    Just write to them with the heading "Letter Before Action" telling them that you intend to start a claim in the Small Claims Court and that you shall be asking the court to award you three-times the deposit as penalty for not lodging it with one of the three approved schemes. Enter into no further discussion with them whatsoever.

    I agree with this.
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • ladyofelysium
    ladyofelysium Posts: 18 Forumite
    MissMoneypenny wrote: »
    Have you asked?

    Have you got credit cards in the UK with legal cover?

    I'll ask my husband tonight as he is the policy holder with USAA.

    I've got no credit cards I'm afraid.
  • GuidoT
    GuidoT Posts: 198 Forumite
    You have reached the point where you are going to get nowhere with your landlord unless you commence legal proceedings. If you consider you are right then you need to commence proceedings.

    Have a look at this thread, post 23 includes a LBA and post 31 includes some reading around.
  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    ladyofelysium wrote: »
    I'll ask my husband tonight as he is the policy holder with USAA.

    I have just looked up USAA: it's US military insurance. Does the base have lawers who can help? You can't be the first ones (or the last) to fall fowl of a UK bad landlord.

    Other than that, if it were me, I would go with the letter that BitterAndTwisted suggested.

    Don't give in to them. If that letter fails, you could try your local council and ask for private lettings. I have just been speaking to a London council who are quite active (via their legal department) in taking landlords to court on behalf of the tenant. Councils are trying to clean up their bad landlords and letting agents.
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • prudryden
    prudryden Posts: 2,075 Forumite
    edited 8 April 2011 at 3:42PM
    USAA doesn't have legal on their renter's (contents) policy, but they should pay for damage to contents in your possession, even if not yours e.g. carpets, but not doors except maybe kitchen cabinet doors. You have very little to lose by going to small claims court. Going to court is always 50/50. I haven't met a lawyer yet who didn't think his story was the winning one. But only half win and half lose. Garden is a no win for the LL unless you destroyed an apple tree by setting it on fire or something.
    Call USSA in London or their UK claims line. BTW USAA isn't only for US military as someone said. They cover FBI, CIA and multitudes of other departments.
    FREEDOM IS NOT FREE
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    MissMoneypenny wrote: »
    I thought I read on the Nearly Legal blog, that this was a good reason for not accepting the deposit back before court? As in, if a tenant accepts it back, they can't go for 3x.

    Well, if one was to start an action in the Small Claims Court it would be for return of the deposit. The penalty would be requested as a consequence of the deposit neither having been returned to the tenant nor having been protected . To request the court award the penalty once one has received the deposit back in full seems illogical to me. Not that every law or court in this country has alway been completely logical to a layperson, I agree.
  • neverdespairgirl
    neverdespairgirl Posts: 16,501 Forumite
    prudryden wrote: »
    You have very little to lose by going to small claims court.

    True

    prudryden wrote: »
    Going to court is always 50/50.

    Rubbish. While there is always litgation risk, it's far from 50/50
    prudryden wrote: »
    I haven't met a lawyer yet who didn't think his story was the winning one.

    You've not met many lawyers, then. I've often known my story was the losing one.

    prudryden wrote: »
    But only half win and half lose.

    Rubbish. Most cases settle.
    ...much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.
This discussion has been closed.
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