Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search

Results: Should I take this further?

Yes

40.35% • 23 votes

No

59.65% • 34 votes

You may not vote on this poll

57 votes in total.

  • FIRST POST
    • Jerome_TFB
    • By Jerome_TFB 30th Aug 16, 2:39 PM
    • 41Posts
    • 11Thanks
    Jerome_TFB
    Late deposit protection of my deposit by my landlady... Small Claims Court?
    • #1
    • 30th Aug 16, 2:39 PM
    Late deposit protection of my deposit by my landlady... Small Claims Court? 30th Aug 16 at 2:39 PM
    Dear All,

    I would like some advice, in case some of you went through what I am considering doing.

    Long story short, I move out of my previous flat, and our LL made our life hell in the last 6 weeks of our tenancy, making all sorts of requests (cleaning etc etc). We have been nothing but great tenants, paying rent on time, no damage to the property (confirmed by check out inventory done by same company and the check in). Our landlady tried to keep all of our deposit (£2.5K) for loss of rent as "we were difficult with visits of potential tenants" (we allowed 17 viewings in the last 6 weeks), and asked for £500 extra for cleaning. She was not happy with the standard, depsite us using professionals.
    We went through the DPS ADR, and we got most of our deposit back, and the LL got a token £100 for "top up cleaning". Although I was well annoyed that I had to give that £100.

    Anyway, during the last 6 weeks of our tenancy, I was looking at harassment, and stumbled upon the DPS protection law that states that the LL has to protect your deposit and send you info about the scheme they use within 30 days of receiving our deposit.
    That is when I found out that :
    - she never sent us any info (I only knew that the deposit was protected when I received the confirmation from DPS that our deposit was protected.
    - she sent our deposit 32 days after receiving the money (the law doesn't state "working days")
    - she lied on our tenancy start entering the date as 15/05 instead of 18/04. I assume this was an attempt to disguise the fact that she sent the money late.

    Now, I am not a petty person, but since she actively made our life hell, and tried to keep our deposit in some nasty was, we sort of want blood. So I am seriously considering going to the small claims court to ask for compensation for her failure to protect our deposit on time or sending us any info about it.

    I have found on shelter.org template letters etc, to send her prior going to court, but as she is a nutter, I expect that this will have to go to court. Should I go to court, I will ask for 3 times the value of the deposit (even if I do not expect getting this due to the 2 days).

    Please note that this concerns a tenancy that started in April 2015 and ended in May 2016.

    Does anyone has had a similar experience? What would you advise?

    Thanks in advance,
    Last edited by Jerome_TFB; 30-08-2016 at 2:51 PM.
Page 6
    • Jerome_TFB
    • By Jerome_TFB 12th Sep 16, 7:25 PM
    • 41 Posts
    • 11 Thanks
    Jerome_TFB
    To add to Miss Samantha's post, the template letter provided by shelter, the following sentence is used:
    "If we do not receive payment of an agreed amount being the penalty for failing to comply with your legal obligations".
    i assume these templates were generated by law-savvy people.

    So I guess we can all stop the debate on the terminology... This is what is apparently used in this instance for this sort of cases.
    • marksoton
    • By marksoton 12th Sep 16, 8:00 PM
    • 15,808 Posts
    • 35,426 Thanks
    marksoton
    He isn't shy of voicing it either.
    Originally posted by Bluebirdman of Alcathays
    In a way it's a good thing. The internet was made for people like that - if it was uninvented they'd be shouting at strangers in the street.
    Originally posted by Bluebirdman of Alcathays
    What makes you think i don't shout at people?

    I actually do. And guess what..? I'm right. You can't educate pork.

    No keyboard warrior here.
    I'm an idiot troll. Apparently...
    • Guest101
    • By Guest101 12th Sep 16, 8:20 PM
    • 11,178 Posts
    • 10,501 Thanks
    Guest101
    'Punitive damages' is something different than the penalty we are talking about here. Not least because, as mentioned there is no 'damages'. Moreover, 'punitive damages' are only awarded in extremely rare and specific cases in English law.

    But there is no point trying to point this out as someone always knows better than the rest of us...
    Originally posted by Miss Samantha
    I'm not disagreeing that the law refers to a penalty.

    I just think most people think of penalties as either a sporting decision or as a parking ticket / taking kids out of school / essentially a fine.

    This seems to be a closer resemblance
    • Jerome_TFB
    • By Jerome_TFB 22nd Sep 16, 5:51 PM
    • 41 Posts
    • 11 Thanks
    Jerome_TFB
    Just to give an update,

    LL has replied to my letter claiming that I have nothing against her as she has protected my deposit within the 30 days of receiving it, and because she allegedly gave us all the required info when she visited us shortly after we moved in.

    She claims the agent forwarded her our deposit a few days later and she then protected it within the 30 days.
    I have since found out that the 30 days start from the receipt of the deposit, regardless of whom got it. The agent was her representative.

    As for her claims that she gave us the info, she attached a document only filled and signed by herself (which she probably put together in the last 2 weeks).

    So I am about to send her another letter with links to my evidence, proving that she is in the wrong, and asking for any reasonable offer ahead of court action.
    • G_M
    • By G_M 22nd Sep 16, 6:34 PM
    • 35,949 Posts
    • 39,291 Thanks
    G_M

    So I am about to send her another letter with links to my evidence, proving that she is in the wrong, and asking for any reasonable offer ahead of court action.
    Originally posted by Jerome_TFB
    You're wasting your time.

    You made your case. You gave her a deadline.

    She's not accepted your case.

    Go to court and a judge will decide who he thinks is right.
    • Pixie5740
    • By Pixie5740 22nd Sep 16, 7:21 PM
    • 8,370 Posts
    • 10,980 Thanks
    Pixie5740
    You sent the letter before action, now it's time to take action. The action being taking her to court not sending her another letter.

    Bon chance!
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • FBaby
    • By FBaby 23rd Sep 16, 7:39 AM
    • 13,779 Posts
    • 35,414 Thanks
    FBaby
    Just take her to court. It looks like you'll get your 1x rent and no more since she did protect, returned, but was just a couple of days late.

    All you have to hope is that she doesn't come up with reasons to counter sue you that will convince the judge.
    • Jerome_TFB
    • By Jerome_TFB 23rd Sep 16, 11:24 AM
    • 41 Posts
    • 11 Thanks
    Jerome_TFB
    Well, a small issue rose:
    it seems she moved address (although I am not convinced), as she replied to us by email, and I received the letter I sent back with a hand written note "no longer at this address". I need to do some research on how to get hold of her address, or get her to give me an address where to contact her.

    I guess worst come worst, I'll give the address of the flat I rented for her. At the end of the day she needs to provide a valid UK address to her tenants, and plus I am pretty sure she doesn't want this sort of situation to be brought to her new tenants' attention.
    • Pixie5740
    • By Pixie5740 23rd Sep 16, 11:28 AM
    • 8,370 Posts
    • 10,980 Thanks
    Pixie5740
    What address was in your tenancy agreement for the serving of notices? Her home address or was it c/o the letting agent? If it's the latter I would serve notice there.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • Guest101
    • By Guest101 23rd Sep 16, 11:29 AM
    • 11,178 Posts
    • 10,501 Thanks
    Guest101
    Well, a small issue rose:
    it seems she moved address (although I am not convinced), as she replied to us by email, and I received the letter I sent back with a hand written note "no longer at this address". I need to do some research on how to get hold of her address, or get her to give me an address where to contact her.

    I guess worst come worst, I'll give the address of the flat I rented for her. At the end of the day she needs to provide a valid UK address to her tenants, and plus I am pretty sure she doesn't want this sort of situation to be brought to her new tenants' attention.
    Originally posted by Jerome_TFB
    Hire a tracking agent
    • Jerome_TFB
    • By Jerome_TFB 23rd Sep 16, 11:35 AM
    • 41 Posts
    • 11 Thanks
    Jerome_TFB
    What address was in your tenancy agreement for the serving of notices? Her home address or was it c/o the letting agent? If it's the latter I would serve notice there.
    Originally posted by Pixie5740
    It was her home address... Which is where I sent my letter before action. 2 days after sending, I sent it to her by email, as the person who signed for it was not her (potentially her partner).

    Hire a tracking agent
    Originally posted by Guest101
    Thanks for this, I have not yet looked into this seriously. I can get the electoral roll address for her for about £3, although it might still list her previous address. But I need to ask around, there might be other options. I will look into tracking agents too, though!
    • WombleBat
    • By WombleBat 23rd Sep 16, 1:14 PM
    • 44 Posts
    • 22 Thanks
    WombleBat
    On our rental before last we had issues with deductions on checkout, cobwebs etc culminating in total loss of deposit (They literally sent me two photos of cobwebs, 1 dusty lampshade and a mark on the wall).

    The LL protected 8 days later than they should have done so we got order for return of full deposit (Already instructed by the protection scheme) and x2 penalty.

    The law is there for a reason if the LL cannot be bothered to abide by it then they need to be prepared for ramifications!

    Our current one was protected 4 days late and was 5k, I fully intend to seek penalty again but most of deposit was returned minus some fair deductions which we agreed so expect x1 but we'll see.
    • Jerome_TFB
    • By Jerome_TFB 23rd Sep 16, 1:45 PM
    • 41 Posts
    • 11 Thanks
    Jerome_TFB
    On our rental before last we had issues with deductions on checkout, cobwebs etc culminating in total loss of deposit (They literally sent me two photos of cobwebs, 1 dusty lampshade and a mark on the wall).

    The LL protected 8 days later than they should have done so we got order for return of full deposit (Already instructed by the protection scheme) and x2 penalty.

    The law is there for a reason if the LL cannot be bothered to abide by it then they need to be prepared for ramifications!

    Our current one was protected 4 days late and was 5k, I fully intend to seek penalty again but most of deposit was returned minus some fair deductions which we agreed so expect x1 but we'll see.
    Originally posted by WombleBat
    Thanks Womblebat!
    wow 2x for 8 days late??
    I wouldn't have thought that they would give such a high penalty for just a few days late... Even I find it rather steep... But your LL clearly tried to screw you over the deposit, so they got what they deserved.

    Is that OK if I contact you in private to get advice on the N208 form?

    Did you mention the deposit dispute and the fact that LL tried to keep the whole thing etc?
    Last edited by Jerome_TFB; 23-09-2016 at 1:48 PM.
Welcome to our new Forum!

Our aim's to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,980Posts Today

7,768Users online

Martin's Twitter