Taking Landlord to Court for Not Protecting Deposit

kpey

I hope someone will be able to assist. We are shortly going to give our landlord our 2 months notice to leave our flat.

We moved in last year, and paid a months deposit. We never received any notification of the landlord protecting the deposit in any type of scheme, just a receipt for the deposit.

I understand that we may be able to take the landlord to court to get compensation for this - can anyone advise how I would go about this or when I should do?

Some quick research has pulled up suggestions that we should start action now while we are still "tenants" rather than wait for the deposit to be repaid after we leave then start action for the compensation, due to the way the legislation is written?

But it also seems we may not get anything if he then puts the deposit in a scheme quickly before the court date?

There is no letting agent involved, and my landlord is a pain in the butt - e.g. there is some work that has needed doing which he has delayed and delayed because he can't afford it etc I wouldn't normally take someone to court over something like this, but his lack of funds to ensure I have full enjoyment of my flat is not my problem!

Any advice much appreciated, let me know if you need any other info to assist! Thanks!

SouthCoast

Advice from CAB on Tenancy Deposits


http://www.adviceguide.org.uk/index/h_tenancy_deposits.pdf

kpey

I would like to know if I can just file a small claims court action myself? If so, how do I go about it (researching myself now currently) - and if I should do before I give notice, after I give notice but before I leave or after I have left and got my deposit back?

Troubled_Joe

Why don't you just ask him to protect the deposit?

I'd be wary of entering litigation of any kind without a thorough understanding of the procedures required and potential outcomes.

kpey

As detailed I am actually moving out shortly - and as I am potentially entitled to compensation I would like to make a claim for this (not least as the money would be extremely useful).

I wouldn't under normal circumstances but he has been an utterly useless landlord and I am a model tenant, I actually pay my rent a few days early each month etc. I currently have no gas safety certificate and a few repairs that have been outstanding since I moved in. So I feel inclined to make a claim for some money for the deposit that he should have protected!

Troubled_Joe

No problem. I'm not criticising you and not having a safety certificate is certainly deplorable.

I'd recommend that you have a read of the other threads on the subject though as anecdotal evidence thus far is suggesting that no award of compensation will be made if the deposit is protected prior to the hearing of the matter.

ILW

I would suggest that if he just returns your deposit then you may be saddled with court costs and nothing to claim.

kpey

Initial reseach suggests that the fine is a given, then some more in depth suggests that they can get away with it if they lodge the deposit in a scheme before the court date...

With my position being that I am going to give notice to quit, so could file the claim while still being a tenant but then that he would have to pay the deposit back to me shortly I thought maybe it might be worth a go?

Does anyone have any personal experience?

Thanks!

rednose66

ILW wrote: »

I would suggest that if he just returns your deposit then you may be saddled with court costs and nothing to claim.

+1

Maybe I am misunderstanding this but if he pays you your deposit back, whats the problem? Or are you going to try taking him to court in the hope that you can make youself something extra from the landlord?

JayZed

You keep talking about being "entitled to compensation". What exactly is the loss that you have suffered for which you are seeking compensation?

kpey

Yes I want to get some money out of him for being an absolutely awful landlord!

Excuse me for the use of the word "compensation" that was incorrect - it's actually the fine he would receive for not protecting my money, maybe in my head I feel it's compensation :rolleyes: