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  • FIRST POST
    • Revv
    • By Revv 10th Oct 17, 12:59 PM
    • 26Posts
    • 1Thanks
    Revv
    Deposit Protection
    • #1
    • 10th Oct 17, 12:59 PM
    Deposit Protection 10th Oct 17 at 12:59 PM
    Hey Folks,

    I have been renting a flat since 2011 (
    Assured Shorthold Tenancy), and paid a full month of rent as deposit, and lived there for about 6 years.

    When the contract got renewed in 2012, I received a letter in post about my deposit being submitted to DPS (dated Oct 2012). My understanding back back then was that that was a failure by the landlord /letting agent in registering (correct term?) the deposit, but didn't want to start a fight over it as back then we were overall happy with the place.

    This year though we don't want to renew the contract as the landlord has failed to put things right in multiple cases (failed boiler being the primary one) and each time I had to chase every issue many many times.

    Could you guys please shed some light on where I would be standing here legally? Am I correct to assume that the landlord has to return the deposit in full + if taken to court has to compensate up to 3x the deposit? (as they missed the 30 day window by almost a year).

    The contract will come to an end by end of this month and I have already notified them that I will not be renewing.

    How would it best to approach this?

    Thanks in advance!






Page 2
    • Revv
    • By Revv 10th Oct 17, 2:18 PM
    • 26 Posts
    • 1 Thanks
    Revv
    Thanks, along with the inventory, we did take planty of photos when we moved in, planning to do the same when we move out.

    The way the LL has dealt with the issues are the primary reason we are not renewing the contract. Youa re correct, I guess I was trying to say that I have an uncasring LL.

    Cheers,
    R.
    • Revv
    • By Revv 10th Oct 17, 3:55 PM
    • 26 Posts
    • 1 Thanks
    Revv
    As for reasons to change:

    Well, isn't the onus on the landlord to prove that they have 1) deposited it withing 30 days and 2) provided all necessary info to me. - Not strictly no. You are taking the case to court. You must prove certain elements.
    Originally posted by Comms69
    OK, I am getting confused here. How can I prove I have NOT received something?
    • Kevie192
    • By Kevie192 10th Oct 17, 4:11 PM
    • 1,131 Posts
    • 2,532 Thanks
    Kevie192
    I think you're a bit confused...

    If the landlord wanted to serve you with a S21, then he wouldn't be able to do so until he'd returned the deposit in full IF he failed to protect it within 30 days or provide you with the PI.

    You would then be able to take him through the small claims court for 1-3x the deposit amount as a penalty for failure to protect.

    If YOU give notice, it doesn't mean the Landlord has to return your deposit in full at all and he would be silly to do so if he was planning to deduct for any reason; he'll just have to follow the rules of the deposit protection scheme.

    If you don't believe he protected it at the start you could then file a claim with the court. I don't believe there is any penalty for failure to provide PI, except the inability to serve a S21 without having to return the deposit in full first.
    • FBaby
    • By FBaby 10th Oct 17, 4:21 PM
    • 15,939 Posts
    • 39,730 Thanks
    FBaby
    When the contract got renewed in 2012, I received a letter in post about my deposit being submitted to DPS (dated Oct 2012)
    A letter from whom? What did it say exactly?
    • Comms69
    • By Comms69 10th Oct 17, 4:21 PM
    • 447 Posts
    • 310 Thanks
    Comms69
    I think you're a bit confused...

    If the landlord wanted to serve you with a S21, then he wouldn't be able to do so until he'd returned the deposit in full IF he failed to protect it within 30 days or provide you with the PI.

    You would then be able to take him through the small claims court - not small claims track, except in a few select courts - for 1-3x the deposit amount as a penalty for failure to protect.

    If YOU give notice, it doesn't mean the Landlord has to return your deposit in full at all and he would be silly to do so if he was planning to deduct for any reason; he'll just have to follow the rules of the deposit protection scheme.

    If you don't believe he protected it at the start you could then file a claim with the court. I don't believe there is any penalty for failure to provide PI, except the inability to serve a S21 without having to return the deposit in full first.
    Originally posted by Kevie192


    The OP can claim the penalty for failure to provide PI, and as has been said it would likely be 1x the deposit value, HOWEVER the OP needs to contact all the schemes and get it in writing that the deposit wasn't protected. IF it was, then they need to look at the personal details on the scheme, and finally need to decide would a judge believe me?
    • Kevie192
    • By Kevie192 10th Oct 17, 4:28 PM
    • 1,131 Posts
    • 2,532 Thanks
    Kevie192
    The OP can claim the penalty for failure to provide PI, and as has been said it would likely be 1x the deposit value, HOWEVER the OP needs to contact all the schemes and get it in writing that the deposit wasn't protected. IF it was, then they need to look at the personal details on the scheme, and finally need to decide would a judge believe me?
    Originally posted by Comms69
    Oh yes, you're right... I never knew that!

    But the main point still stands... The landlord doesn't have to return the deposit in full, but the thread of filing a claim may be enough for him to do so.

    OP, why did you stay for so long in a property if the landlord was so terrible?
    • Revv
    • By Revv 10th Oct 17, 4:50 PM
    • 26 Posts
    • 1 Thanks
    Revv
    A letter from whom? What did it say exactly?
    Originally posted by FBaby
    Just a one page document from DPS, which I believe is the deposit certificate, stating my deposit ID, the property address, name of tenants, tenancy start date, and the date the deposit was received.
    • Revv
    • By Revv 10th Oct 17, 4:59 PM
    • 26 Posts
    • 1 Thanks
    Revv
    Oh yes, you're right... I never knew that!

    But the main point still stands... The landlord doesn't have to return the deposit in full, but the thread of filing a claim may be enough for him to do so.
    Originally posted by Kevie192
    Thats what I am thinking really. But I am thinking of going down the legal route if he doesn't play well - which is what I am expecting to happen unfortunately.

    OP, why did you stay for so long in a property if the landlord was so terrible?
    It was a *relatively* new built , so we really didn't have too many issues at the beginning.
    • G_M
    • By G_M 10th Oct 17, 6:52 PM
    • 41,425 Posts
    • 47,765 Thanks
    G_M
    This may help:

    * Deposits: payment, protection and return
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