Tenancy ended, deposit paid back (mostly), but deposit was never protected

MightyZoltar

I left my old property just under a month ago, and have finally gotten a cheque back for most of the deposit. This delay in getting the money has been somewhat bothersome, and therefore I wanted to see what action I could take against the landlord.

I have since found out that the deposit was never protected, which I know is a legal issue whilst in the tenancy. However, where do I stand as far as court action and the 3 times deposit system once the tenancy is ended and I have been paid back?

EagerLearner

Hi MZ - it's great news you got some deposit back. In terms of taking things further, it all depends how much they deducted from your deposit, why, and how much time you have on your hands. It can be a very stressful process.

If we're talking unfair deductions of hundreds of pounds, and you have photos to prove their deductions were unfair for example, go for it.

I feel anything less than £200 isn't worth the time and trouble. Many people don't even get their deposit back, much less most of it.
Also there haven't been any great leaps forward in terms of the 3 x deposit court action, that I know of...

littlemisslettings

You actually seem to have been paid back relatively quickly, and possibly quicker than if the deposit had been protected!

If your tenancy started before 6 April 2007 then the landlord had no obligation to register your deposit.

In terms of making a retrospective claim for 3x the deposit if it was supposed to be protected, then my gut instinct is that you wouldnt get very far as the landlord has returned the deposit in a prompt manner. On the other hand, are you looking to dispute any deductions made from the deposit?

GrammarGirl

Yep, you have been paid extremely quickly in my experience! I moved out nearly a month ago and am expecting a few more weeks waiting before my deposit comes back.

sirhan_sirhan

MightyZoltar wrote: »

I left my old property just under a month ago, and have finally gotten a cheque back for most of the deposit. This delay in getting the money has been somewhat bothersome, and therefore I wanted to see what action I could take against the landlord.

I have since found out that the deposit was never protected, which I know is a legal issue whilst in the tenancy. However, where do I stand as far as court action and the 3 times deposit system once the tenancy is ended and I have been paid back?

The fact that the deposit was never protected should be good ammunition for you, in disputing the deductions.

I would threaten the LL with court action for the remainter of the deposit; the thought of being penalised 3 x deposit should make him cough up.

Of course, the deductions might well be warranted; there again, the failure to comply with TDS (assuming of course that your AST dates qualified) was unwarranted.

Hope this helps.

gemstars

If the landlord's gotten your deposit back to you and you (I'm assuming here) agree with the part they kept for repairs etc then why do you want to claim more money?

To be honest I've never rented so I don't know anything about this 3x process but I hope it doesn't come out of the landlords pocket if they're done nothing wrong morally.

sirhan_sirhan

gemstars wrote: »

I hope it doesn't come out of the landlords pocket if they're done nothing wrong morally.

My argument would be that they have ignored the legislation that states that they have to protect the deposit; so yes, they have acted improperly.

If the LL is prepared to ignore this legislation, I would have little reason to believe that any deductions have been calculated in good faith.

I am moving at the end of next week. I know that my deposit has not been protected, and that it should have been. I will be leaving the property in the same state (better in some instances) than it was when I moved in, subject of course to fair wear and tear.

If I receive my deposit back in full, then I will say no more. If however my LL tries to deduct so much as a penny, they will be down at the Court before their feet even touch the floor.

gemstars

If it's the case that the property is left in a resonable enough state to warrent the return of a full deposit I'd completely agree with you as the LL would be acting unfairly, but if that's not the case (which again is my presumption) then why should this legislation be used for the tenant to make a profit?

sirhan_sirhan

gemstars wrote: »

why should this legislation be used for the tenant to make a profit?

I can understand why the Landlord might be penalised to the effect of 3 x deposit. This would serve as both a punishment, and a future deterrent.

I agree with you though, that the fact that it is paid to the tenant does seem a little quirky.

If the tool is there though, why not use it?

Like I said, I won't be taking legal action if I get all of my deposit back. If I don't however, I will certainly not be turning down the profit that you alude to.

EagerLearner

MZ - you need to calculate your time and expenses if you do decide to start on this... could be a long road!

The key question:
Was your tenancy started before April 2007? If YES, the Deposit Protection doesn't apply, as was stated above.

Other aspects:
Has the landlord been ok overall and were the deductions fair?
Do you have the time to follow it through and take days off for court?
Can you get hold of the landlord and negotiate for the deduction, rather than going to court?
Do you have a current address they actually live at etc etc.

sirhan_sirhan

EagerLearner wrote: »

MZ - you need to calculate your time The key question:
Was your tenancy started before April 2007? If YES, the Deposit Protection doesn't apply, as was stated above.

Note though that if your tenancy commenced before this date, and you subsequently signed a renewal agreement after this date, the TDS applies.