Taking Landlord to Court for Not Protecting Deposit

clutton_2

if you get your deposit back - what, then, is your gripe ?

Gwhiz

Revenge, and that is what you are after, is not the satisfying act you believe it might be. Why keep connected to someone who obviously makes you angry? If he returns your deposit I think the mature and sensible thing is to walk away knowing he's out of your life for good.

olibearhorse

Gwhiz wrote: »

Revenge, and that is what you are after, is not the satisfying act you believe it might be. Why keep connected to someone who obviously makes you angry? If he returns your deposit I think the mature and sensible thing is to walk away knowing he's out of your life for good.

Hear hear!

ILW

kpey wrote: »

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:

If he is fined you will not get any of it, it will just go to the treasury.
If you just want some sort of revenge, why not let his tyres down or something?

olibearhorse

whilst I don't entirely agree with your motive, this may help:

Where a Landlord fails to comply with Tenancy Deposit Protection, there are two sanctions:-

1. Unable to use Section 21 notice Currently, a landlord can serve two months' written notice in the prescribed form under Section 21 of Housing Act 1988 on a tenant in order to terminate a tenancy at the end of a fixed term, or after a fixed term has expired. If necessary, a landlord can obtain an order for possession of an AST in the County Courts under Section 21 of the Housing Act 1988. However, where a landlord fails to comply with Tenancy Deposit Protection, no Section 21 notice may be given in relation to the tenancy until such time as the legislation is complied with.
2. Payment to the Tenant Tenants can make an application to a County Court under Housing Act 2004 if they believe that their deposit is not being safeguarded, or where they have not been given the prescribed information about the scheme in which the deposit is safeguarded within 14 days of the landlord receiving the deposit.
   Where the court is satisfied that the landlord has failed to comply with these requirements, or the deposit is not being held in an authorised scheme, the court must either order the landlord to repay the deposit within 14 days of the making of the order, or order the landlord to pay the deposit to the custodial scheme administrator.
   The court must also order the landlord to pay the tenant three times the deposit amount within 14 days of the making of the order.

Planner

The deposit could be portected and the landlord has simply forgot to send the prescribed information or its been lost in the post. Contact the x3 TDS schemes and ask in the first instance.

You can submit a N208 form to the county court asking for return of the deposit and x3 'compensation' for none compliance.

The balance of cases we are aware of so for suggest that as long as a deposit is protected prior to the court hearing, there will be no case to answer and the tenant will loose (of course there are a number of cases out there where the judgement is gone in the tenants favour).

IMHO you would be better sending a letter asking for the deposit to be protected and/or the prescribed information to be supplied.

kpey

Gwhiz wrote: »

Revenge, and that is what you are after, is not the satisfying act you believe it might be. Why keep connected to someone who obviously makes you angry? If he returns your deposit I think the mature and sensible thing is to walk away knowing he's out of your life for good.

Thanks for the moral judgement, however that wasn't what I requested all I asked for was simply some advice on the process!

kpey

ILW wrote: »

If he is fined you will not get any of it, it will just go to the treasury.
If you just want some sort of revenge, why not let his tyres down or something?

The fine goes to the tenant rather than the government

Robert_Sterling

I can see where you are coming from.

kpey

Robert_Sterling wrote: »

I can see where you are coming from.

Me, or those that are telling me what they think I should do without knowing the full facts and circumstances of the situation, when I simply asked for some advice on taking it to court?