Tenancy Deposit Scheme - Bad Landlord!

Planner

AWT19 wrote: »

The is true, but the case in point here is that the LL hasnt protected the deposit at all, and we moved out 2 weeks ago, and are still waiting for our deposit.

The 2 reasons lists for bring a claim to court are
213(6) The information required by subsection must be given to the tenant and any relevant person—
(a) in the prescribed form or in a form substantially to the same effect,

and

is not satisfied that the deposit is being held in accordance with an authorised scheme, as the case may be.
So surely this could be brought in front of a caught, as clearly the LL has broken the laws under the Tenancy Act 2004 right?

By the way I really appreciate your help and input.

He has broken the law by not protecting the deposit and not providing you with the prescribed information. If these two faults are rectified before court, then the law has been complied with.

O/P = Original Poster - in this case yourself.

sooz

Planner wrote: »

So it can be dealt with through the scheme arbitration process and to comply with the law. Part of bringing a case to court is about showing that you have explored all options before submitting a claim. A landlord with every intention of returning the deposit will return it rather than chosing the option of protecting it, so it wont dely the O/P return of the depoit IF the landlord has the intention of returning it.

I still don't agree. I'd favour writing a letter before action to the LL, giving 7 days to return the deposit, & reminding him that he failed in his obligations to protect the deposit. Thus if the OP does take it to court, he'll ask for the 3x penalty too. That should concentrate the LL's mind to return the deposit as promised.

I don't see that protecting the deposit now is an option to be explored prior to court action, as there is no longer a tenancy.

Planner

sooz wrote: »

I still don't agree.

Hence the beauty of a public forum.

AWT19

Planner wrote: »

He has broken the law by not protecting the deposit and not providing you with the prescribed information. If these two faults are rectified before court, then the law has been complied with.

O/P = Original Poster - in this case yourself.

Thanks again.
So, hypothetically speaking, a tentant whose LL never protected the deposit, but returned it at the end of the tenancy could still end up facing the 3x fine as 1) they couldnt protect the deposit once it has been paid back, and post tenancy and 2) they wouldnt be able to provide relevant information. According to the letter of the Act.

Or would the judge simply see it that the deposit has been returned so case closed?

Planner

AWT19 wrote: »

Thanks again.
So, hypothetically speaking, a tentant whose LL never protected the deposit, but returned it at the end of the tenancy could still end up facing the 3x fine as 1) they couldnt protect the deposit once it has been paid back, and post tenancy and 2) they wouldnt be able to provide relevant information. According to the letter of the Act.

Or would the judge simply see it that the deposit has been returned so case closed?

I am aware of a case where the X3 compensation only was claimed and won, after return of the deposit. That doesnt mean that another judge would agree with that view.

tbs624

sooz wrote: »

......furthermore, Premier is quite right that the OP's expectations of the 10 days for the deposit return are rather high. This is the time the DPS estimates that they return a deposit by, AFTER it has been agreed by both parties.

The OP says in post 1 that they have been waiting a fortnight, which in itself would probably not be of huge concern if s/he was dealing with a LL who met their legal obligations. However, the LL's apparent unwillingness to communicate and the fact that the deposit does not appear to be registered would probably have most tenants worried about the safe return of their funds.

AWT19 - have you confirmed for yourself with each of the 3 schemes that there is no deposit registered for your tenancy? If not see here for contact info.

AWT19

tbs624 wrote: »

The law *has* been broken but the remedy (3x the deposit amount) is a civil law award, rather than a criminal law sanction.

So let me get this straight (sorry - not so legally aware between civil laws etc.) The Tenancy Act has been broken and specifically says that a 3x fine should be paid in this instance. (unless the landlord fixes it up) But this is still not binding?



PS I appreciate your thoughts re letting the relevant people know where the act is failing.

sooz

tbs624 wrote: »

The OP says in post 1 that they have been waiting a fortnight, which in itself would probably not be of huge concern if s/he was dealing with a LL who met their legal obligations. However, the LL's apparent unwillingness to communicate and the fact that the deposit does not appear to be registered would probably have most tenants worried about the safe return of their funds.

I quite agree, & am not condoning the LL's behaviour at all - nor suggesting the OP is worrying needlessly. However, had the deposit been protected & the LL been perfect, within 10 days is still an absolute best case scenario (if held with the DPS) for the return, not a deadline.

MissMoneypenny

Premier wrote: »

The issue is not about punishment. No crime has been committed. The legislation is about protecting tenants deposits from rogue LLs that refuse to give the deposit back without reason at the end of the tenancy.

Who told you the TDP legislatrion wasn't about punishment Premier?

According to Iain Wright MP, Parliamentary Under Secretary of State, Depatment for Communities and Local Goverment, he said of the TDP legislation
"I can confirm that the policy intention underlying the legislation was to provide an effective penalty mechanism to act as a deterrent against non-compliance."

MissMoneypenny

Planner wrote: »

He has broken the law by not protecting the deposit and not providing you with the prescribed information. If these two faults are rectified before court, then the law has been complied with.

Can a deposit be put into the TDS after a tenancy has ended?

The reason why I am asking is, because of the poor wording of the Act, a bad landlord can ignore the part about putting the deposit into a scheme within 14 days of receiving it and about the 14 days to give the tenant the required Prescribed Information. If then taken to court by the tenant, the LL can then just put the deposit into a scheme before court and give the prescribed information and the poor wording of the law allows him to get away with the penalty of having to give the tenant 3x the deposit. If a landlord can't put a deposit into a scheme when the tenancy has ended, then have failed to comply with the law and will have to pay 3x the deposit.

Can a deposit be put into the TDS after a tenancy has ended?