How do I take Landlords to court for not dealing with our deposit correctly?

clutton_2

the LA acts on the LLs instructions - this is to protect tenants interests, so that if a bad letting agent steals a tenants deposit the tenant can still sue the LL as in law it is always the landlords responsibility

Having said all that - if you dont have the landlords address, you can't sue him

read Eagerlearner's thread on here about how to sue a difficult landlord ....

far2812

What's the law for then?

I don't want to sue to Landlord as I am presuming he is not aware that the agents did not comply with the law but believe that the Agents should be shown that the Law is there for a reason.

The only reason I am asking this question is that it was the "Deposit Protection Scheme themselves who prompted me to make a claim against the agents."

Thanks again All x

clutton_2

claims against landlords under this legislation are not heard in the small claims court, so, full costs can be applied for - so if you lose, you could have to pay the other sides's solicitors fees.....

MissMoneypenny

far2812 wrote: »

thanks missmoney penny!

Where is the nearlylegal blog?

I do believe that the law was taken out for a reason and the Agent has not complied so I believe they should be punished!

http://nearlylegal.co.uk/blog/tag/tenancy-deposit-scheme/

MissMoneypenny

far2812 wrote: »

Hi All

I have been advised by the deposit protection scheme to take the Landlord's agent to court because they did not deal with the deposit in the correct way!

The DPS have asked that I do pursue this as it is why the law was set up and Agents seem to think they don't have to comply.

We generally had a nightmare with the Agents in any event

Any advice would be very gratefully appreciated

Thanks all

x

Did you get the Prescribed Information within 14 days of you giving the deposit (not within 14 days of you moving in)?

Did you pay for the deposit or did someone else pay this for you?

MissMoneypenny

Fire_Fox wrote: »

A tenant does not have to be supplied with with the landlord's address, simply an address in England or Wales where notices can be served. The letting agent's address can be used to satisfy this requirement.

The tennant does have to be supplied with the landlords address. It is part of the Prescribed Information that landlords have to give the tenant within 14 days of taking the deposit. Failure to give the Prescribed Information within those 14 days, is liable to 3 times the deposit being awarded in court to the tenant.

MissMoneypenny

clutton wrote: »

claims against landlords under this legislation are not heard in the small claims court, so, full costs can be applied for - so if you lose, you could have to pay the other sides's solicitors fees.....

far2812, have you got home contents insurance with the optional Legal Cover? If you have, look in the small print to see if they exclude cases against/defended against, landlords. If they don't have this as an exclussion, phone your contents insurers and ask for a claim form for Legal Cover.

If they then write and say you are covered for this case, then they will allow you a solicitor and barrister and if needed, an expert witness for your case. All you will have to pay is the excess on your legal cover. If you lose the case, they cover the other sides fees too. If you win the case, the landlord could end up paying your insurance companies costs (barrister, solicitor, expert witness etc). With that huge bill risk against the landlord, he may just decide to pay up before court.

On my home contents, legal cover, the excess is zero and I am covered for 50k worth of legal fees. Some insurance companies give legal fees up to 100k. I have used this Legal Cover 3 times over the years and the solicitors and barristers they gave me, won all three cases.