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  • FIRST POST
    • gsmsab
    • By gsmsab 14th Mar 17, 8:08 PM
    • 1Posts
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    gsmsab
    Rent Deposit - Court Claim
    • #1
    • 14th Mar 17, 8:08 PM
    Rent Deposit - Court Claim 14th Mar 17 at 8:08 PM
    I moved into a rental property on 19th March 2016 and paid a deposit of £1250. After numerous phonecalls, emails and false promises the letting agent still hadn't put my deposit with a scheme, I checked with all 3.
    My landlady has now managed to get the deposit from the letting agent and banked it with the DPS herself.
    What I really want to know is, am I still able to file a claim through the small claims court for the deposit amount as per terms of contract??
    Do I need to let the letting agent know in writing that I'm taking them to court?

    Many thanks
Page 1
    • Pixie5740
    • By Pixie5740 14th Mar 17, 8:13 PM
    • 10,621 Posts
    • 14,594 Thanks
    Pixie5740
    • #2
    • 14th Mar 17, 8:13 PM
    • #2
    • 14th Mar 17, 8:13 PM
    Deposit protection is ultimately the landlord's responsibility...even if they use a letting agent. If you're going to sue you'd sue your landlord and can add the letting agent as a co-defendant.
    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.
    • G_M
    • By G_M 14th Mar 17, 10:27 PM
    • 40,134 Posts
    • 45,845 Thanks
    G_M
    • #3
    • 14th Mar 17, 10:27 PM
    • #3
    • 14th Mar 17, 10:27 PM
    Since the landlord registered your deposit late, yes, you can take your landlord to court and claim up to 3 times the deposit as a penalty.

    The court is likely to award a lesser amount (maybe 1 x the deposit) since the deposit IS registered now, plus the LL will cite the failure of her agents as mitigating circumstances.

    You could co-join the agents to the action, but it is the LL who is ultimately responsible.

    The LL of course could sue his agent for breach of contract since they failed to register the deposit on the LL's behalf, presumably as the contract specified.
    Last edited by G_M; 14-03-2017 at 10:30 PM.
    • Ajay jagota
    • By Ajay jagota 15th Mar 17, 7:31 AM
    • 1 Posts
    • 1 Thanks
    Ajay jagota
    • #4
    • 15th Mar 17, 7:31 AM
    • #4
    • 15th Mar 17, 7:31 AM
    Another route would be to find out which of the redress schemes this agent belongs to there are only 2 (the property ombudsman and the property redress scheme) - an agent must legally belong to a redress scheme. Write to the redress scheme and tell them you are demanding compensation from the agent for failing to log the deposit and requesting they also investigate the member for breach of duty in this case. Hope helps be intrested in outcome - not sure if you can privately message on here?
    • G_M
    • By G_M 15th Mar 17, 2:40 PM
    • 40,134 Posts
    • 45,845 Thanks
    G_M
    • #5
    • 15th Mar 17, 2:40 PM
    • #5
    • 15th Mar 17, 2:40 PM
    Another route would be to find out which of the redress schemes this agent belongs to there are only 2 (the property ombudsman and the property redress scheme) - an agent must legally belong to a redress scheme.
    Originally posted by Ajay jagota
    3 schemes:

    * The Property Ombudsman
    * Ombudsman Services Property
    * Property Redress Scheme
    • vqmismatch
    • By vqmismatch 15th Mar 17, 4:23 PM
    • 123 Posts
    • 76 Thanks
    vqmismatch
    • #6
    • 15th Mar 17, 4:23 PM
    • #6
    • 15th Mar 17, 4:23 PM
    I would think very carefully before chasing it at this point.

    Yes you might get 600-1200 pounds quick cash, but will likely not be wanted to remain in the property any longer than absolutely necessary and will therefore rack up another set of moving costs in a few months which may offset the gain entirely and be a pain in the backside.

    I'd keep it in reserve as a negotiating tool.

    My landlord has not protected the deposit in five months, is not registered as a landlord (mandatory here), has not registered the house as let (mandatory here), and still gets all her post delivered here. Consequently I expect when I need to move out the dates will be flexible and costs will be minimal.
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