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Tenancy Deposit Scheme - Bad Landlord!
AWT19
Posts: 46 Forumite
Hi there, I would be eternally grateful for some advice on the following.
Myself and my flat mate have just moved out of the apartment we rented from April last year until January 11th this year. We completed an inventory checkout with a 3rd party which passed with flying colours.
The deposit was paid (through an Agency to the LL) at the start of the tenancy, but this was never protected by the LL. We have been waiting for 14 days and still have not received the deposit back. The LL was also very difficult during the year (we had to stay in a hotel for a period as the place was inhabitable due to a severe water leak). He never returns our calls or replies to our emails.
If the deposit had been protected, presumably I would have received this back (subject to discrepancies) within 10 days. I have emailed and called the landlord several times, leading up to the end of tenancy and also post tenancy, but have had no response (he's completely useless!). I called him last Friday (23rd Jan) and he hurriedly said he would look at it this week.
I have the following questions that I would be very thankful if someone could answer.
1) Clearly he hasn't complied with the Tenancy Deposit Law. Does this mean that we are entitled to the 3x deposit fine?
2) If he does pay some, but not all, of the deposit back, should we go to court for the remainder, and also chase up the 3x deposit fine?
3) If he pays the whole amount back, are we entitled to any compensation for the late payment?
Basically I am looking for advice on where to proceed with this, and given we had difficulties with the LL during the year, I'm keen to ensure this is done by the book, but get as much out of him as possible.
Many thanks for your help.
Angel
:A
Myself and my flat mate have just moved out of the apartment we rented from April last year until January 11th this year. We completed an inventory checkout with a 3rd party which passed with flying colours.
The deposit was paid (through an Agency to the LL) at the start of the tenancy, but this was never protected by the LL. We have been waiting for 14 days and still have not received the deposit back. The LL was also very difficult during the year (we had to stay in a hotel for a period as the place was inhabitable due to a severe water leak). He never returns our calls or replies to our emails.
If the deposit had been protected, presumably I would have received this back (subject to discrepancies) within 10 days. I have emailed and called the landlord several times, leading up to the end of tenancy and also post tenancy, but have had no response (he's completely useless!). I called him last Friday (23rd Jan) and he hurriedly said he would look at it this week.
I have the following questions that I would be very thankful if someone could answer.
1) Clearly he hasn't complied with the Tenancy Deposit Law. Does this mean that we are entitled to the 3x deposit fine?
2) If he does pay some, but not all, of the deposit back, should we go to court for the remainder, and also chase up the 3x deposit fine?
3) If he pays the whole amount back, are we entitled to any compensation for the late payment?
Basically I am looking for advice on where to proceed with this, and given we had difficulties with the LL during the year, I'm keen to ensure this is done by the book, but get as much out of him as possible.
Many thanks for your help.
Angel
:A
0
Comments
-
In response to your questions
1. No.
2. yes if you don't think the deductions are fair & reasonable, and only after you have exhausted all other forms of negotiation. No.
3. No."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
1) Clearly he hasn't complied with the Tenancy Deposit Law. Does this mean that we are entitled to the 3x deposit fine?In response to your questions
1. No.
Why did you say "No" to that question Premier?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.0 -
Because compensation is only due if a court finds that a LL should have protected the deposit and by the time of the court hearing has not protected the deposit or returned it. It is designed to dissuade rogue LLs from forcing tenants who have ongoing tenancies into court to get their deposits protected under a court order. It was not designed, imho, with the intent of starting a whole host of new compo culture claims.MissMoneypenny wrote: »Why did you say "No" to that question Premier?
In this case there has been no court hearing so there cannot be any compensation due. There is also no ongoing tenancy and so there is no reason to protect the deposit now or in the future. It also seems as though the LL is acting to return the deposit to the tenant, less any costs for dilapidations."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
Thanks Premier, appreciate your time.
[Question 3) If he pays the whole amount back, are we entitled to any compensation for the late payment?]
You said no to this. Does this effectively mean he can take as long as he wants to pay us?
Also, given what has happened, are you saying there is no way we can get the 3x deposit fine out of him? Is this because its post tenancy? And we should have said something during the tenancy?
Thanks again!0 -
Because compensation is only due if a court finds that a LL should have protected the deposit and by the time of the court hearing has not protected the deposit or returned it. .
Can a landlord put the deposit in a deposit scheme after the tenancy has ended?In this case there has been no court hearing so there cannot be any compensation due. There is also no ongoing tenancy and so there is no reason to protect the deposit now or in the future.
From Shelter England forums from The University of London on 20 May 2008:-
"Can a former tenant bring a claim in the county court for 3x the level of the deposit when their (former) landlord did not comply with the requirements of the statutory scheme for the protection of deposits?"
The reply from Newcastle City Council
"The implication of the legislation is that a claim would be correct as the landlord would not have protected the deposit. Parliament can not have intended that liability would cease merely because the landlord had managed to evade detection for the duration of the tenancy. There has been one reported case to my knowledge (Gloucester County Court) where the claim was made after the end of the tenancy and the Judge upheld the former tenants claim"
http://england.shelter.org.uk/forums/index.php?showtopic=36RENTING? 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.0 -
MissMoneypenny wrote: »Can a landlord put the deposit in a deposit scheme after the tenancy has ended?
From Shelter England forums from The University of London on 20 May 2008:-
"Can a former tenant bring a claim in the county court for 3x the level of the deposit when their (former) landlord did not comply with the requirements of the statutory scheme for the protection of deposits?"
The reply from Newcastle City Council
"The implication of the legislation is that a claim would be correct as the landlord would not have protected the deposit. Parliament can not have intended that liability would cease merely because the landlord had managed to evade detection for the duration of the tenancy. There has been one reported case to my knowledge (Gloucester County Court) where the claim was made after the end of the tenancy and the Judge upheld the former tenants claim"
http://england.shelter.org.uk/forums/index.php?showtopic=36
The claim in Gloucester CC is the one usually trotted out. Read up on it, you'll find it was much more involved including harassment charges. It wasn't simply a miffed off tenant trying to get a bit of compo from a LL that had failed to protect the deposit. In that case there can be no denial that the LL acted in a way to intimidate the tenant and cause distress.
http://forums.moneysavingexpert.com/showpost.html?p=13090253&postcount=23
County court decisions don't set any legal precedent"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
Hi Premier
Can a landlord put the deposit in one of the deposit schemes, after a tenancy has ended?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.0 -
Premiere
[Question 3) If he pays the whole amount back, are we entitled to any compensation for the late payment?]
You said no to this. Does this effectively mean he can take as long as he wants to pay us?
Also, given what has happened, are you saying there is no way we can get the 3x deposit fine out of him? Is this because its post tenancy? And we should have said something during the tenancy?
Thanks again!0 -
Of course not.Thanks Premier, appreciate your time.
[Question 3) If he pays the whole amount back, are we entitled to any compensation for the late payment?]
You said no to this. Does this effectively mean he can take as long as he wants to pay us?
Also, given what has happened, are you saying there is no way we can get the 3x deposit fine out of him? Is this because its post tenancy? And we should have said something during the tenancy?
Thanks again!
The LL should return the deposit within a reasonable time. The LL has said he is looking at doing this.
Regarding the 3x compo claim, what I am saying is you have no automatic right to this. I suggest you give up on the compo claim culture someone had misguided you over and stick to what you could reasonably expect the LL to do to rectify the current situation. i.e. return the deposit to you
What are you looking to be compensated for exactly? What loss have you incurred once the LL has returned the deposit to you?"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
What's the point? Why would a LL or tenant want this? Surely once a tenancy is ended, then the tenant simply wants the deposit returned asap.MissMoneypenny wrote: »Hi Premier
Can a landlord put the deposit in one of the deposit schemes, after a tenancy has ended?"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100
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