Taking Landlord to Court for Not Protecting Deposit

tbs624

Gorgeous_George wrote: »

...As for gas safety certificates, they are law too. Somewhat more important than protecting of deposits. If I was a tenant I would pay to have one regardless of whether or not my landlord provided one. This would avoid the risk of the landlord paying a mate to provide the certificate. I like to take responsibility for my own safety and that of my family.

Once again, good luck and please, come back to provide an update when you decide your next move.

GG

Well-measured post as ever GG but just wanted to highlight that, whilst understanding your personal view, a LL may* not* delegate his/her legal responsibilities for gas safety checks/safetyt certs to a T.

OP, get the bu**er reported - I've previously posted numerous links on LLs who have been heavily fined for this one. - see here for a recent case.

kpey

Gorgeous George - Thanks for your post. I am so frustrated mainly because with a small bit of research it's so easy to work out your responsibilities as a landlord. Register the deposit, gas safety certificate, ensure the property is fit for purpose by getting any work done on a timely basis etc etc

I just wanted to know the process and likelihood of my landlord getting fined. I agree it's a pretty odd set up by the government and I do not understand why the fine goes to the tenant but I did not write the legislation!

As I am moving out part of me is more inclined to get my deposit back and send my landlord an email pointing out his failings, particularly the fact that if I had died of carbon monoxide poisoning he would be going straight to jail without passing go! I know for a fact that he will be lucky to get a tenant like me again, I know what bother he has had from tenants in the past. Some people!

kpey

tbs624 wrote: »

The deposit issue is entirely separate to your LL's flouting of gas safety regs and his apparent failure to deal with repairs so leave those out of the equation for now ( did you notify the repairs issues in writing btw?) No gas safety cert and/or annual gas safety check - let the Env Health Officer know at the local Council and /or the HSE as the LL can be fined for this one.

There is no guarantee that you will get your 3x penalty payment for non- registration of deposit if , before any court hearing, the LL simply either returns the deposit in full to you or scheme-registers it. I don't condone the behaviour of LLs who fail to register tenant's deposits ( or ignore the gas regs) but as some of the others have highlighted there is no guarantee you would be successful. Follow Planner's suggestion if you want to pursue the matter. Good luck.

I notify my landlord of everything in writing, most of which he chooses to ignore!

olibearhorse

kpey wrote: »

As I am moving out part of me is more inclined to get my deposit back and send my landlord an email pointing out his failings, particularly the fact that if I had died of carbon monoxide poisoning he would be going straight to jail without passing go! I know for a fact that he will be lucky to get a tenant like me again, I know what bother he has had from tenants in the past. Some people!

Sensible I think. Good luck with it all anyhow.

AWT19

Quick question... in regards to the gas certificates, is it possible to do anything post tenancy? OR is it too late?

carolt

Yes, I'd like advice on suing my landlord for failing to provide gas safety checks and sending someone round who was not registered to try to fix my boiler after I smelled a strong smell of gas (after nearly 4 years of living there with NO gas safety cert.! :eek: - at that point, not being yet an afficionado of this site, I had no idea I was supposed to have yearly checks)!

I'd like to see my landlord slung in jail for this or at least receive a heavy fine.

Any tips would be very much appreciated.

tbs624

AWT19 wrote: »

Quick question... in regards to the gas certificates, is it possible to do anything post tenancy? OR is it too late?

LLs are legally obliged to keep copies of gas safety certificates for 2 years - if they fail to do so it's a separate breach to not getting the annual checks done in the first place and/or failing to supply a copy to the T.

Here's an example case

Write to the local Councils EHO and private sector rentals team, to the HSE, and cc the letters to your local MP.

dawnie1972

Like other people i am thinking of taking my landlord to court for not protecting my deposit, entering my property whilst i was out, locking my dogs out of the house and leaving them unattended whilst i was not there, leaving me to live in unsafe conditions whilst rebuilding the conservatory etc. I have been told to persue the matter AFTER i have moved out as he then cannot protect my deposit. I'm going ot see a solicitor tomorrow so will let you know the outcome.

dawnie1972

Solicitor agreed with everything i said - has advised me to write to landlord after i've moved out, give him 14 days to pay 3 times my deposit, if he doesn't to start court proceedings - he says i'm in a win win situation.