Landlord Deposit Scheme

karenlisam

I've been reading through the deposit scheme info with interest.

How do I find out if LL has registered it? Can I do this online anywhere or do I have to write to him. He ignores most contact from us so what do I do if he ignores me??

Have I read correctly that if he hasnt I can sue him for three times the amount??

I'm not just some horrible tenant trying to fleece a decent LL. I have a post from early tonight about the hellish conditions we have been in due to his lack of morals over his responsibilities

Thank you

scottishblondie

I think he was supposed to tell you where it is, but you can find out yourself by calling up the 3 deposit protection schemes.

You can attempt to sue for 3x the amount if he doesn't protect it, but I don't think anyone has actually gotten that far as yet.

karenlisam

thank you

xx

N79

scottishblondie wrote: »

You can attempt to sue for 3x the amount if he doesn't protect it, but I don't think anyone has actually gotten that far as yet.

Plenty of people have sued and got their money. However, I'm afraid that the bar to successfully sueing got much higher last month as it is now clear that late protection can be used (for now) by the LL to avoid the 3x penalty.

Insomniac666

Hi N79, how late we talking, as I've been in house for 8 months and moving in next few weeks...

karenlisam

Me too - since July last year

I think from the info I have got off here then late basically means that when you send him the letter asking for the details of the deposit scheme he can do it then and get away with it and even later on if you take the matter further and sue

Sure someone will chip in if thats not right

Insomniac666

plenty of experienced member here so shouldn;t take long for the answer

N79

Insomniac666 wrote: »

Hi N79, how late we talking, as I've been in house for 8 months and moving in next few weeks...

According to the high court, anytime up to the start of proceedings unless the deposit protection scheme initial requirements has a requirement that states a time limit for deposit protection. Currently the DPS scheme does but the other 2 schemes do not (and will find it harder to do this because they are insurance backed and need to be able to deal with renewals).

From a recent high court ruling by MR JUSTICE TUGENDHAT
(which is a binding, precedent setting ruling that lower courts should follow) in which he allowed an appeal over the late protection of a deposit:

"54. The outcome of this appeal turns on whether the 14 day requirement is, or is not, a part of the initial requirements of an authorised scheme. If it is not, then when the deposit is paid into the scheme later than 14 days from its receipt by the landlord, but before the tenant commences proceedings, then the court cannot be satisfied under s.214(2)(a), and therefore the court will not be able to make an order under s.214(3) or (4)."

See para 54 in the judgement of Draycott & Draycott v Hannells at
http://www.bailii.org/ew/cases/EWHC/QB/2010/217.html

As I said in my previous post unless and until MyDeposits and the TDS changes the scheme rules then, in my view, a LL can use these schemes to late protect a deposit only when a T starts to dispute the fact it has not been protected. Of course, since the aim of the legislation was to protect deposits then this outcome does not change the position for deposits but it has made it harder for the T to claim the 3x "penalty".

However, insomniac I seem to recall yours is a special case because your LL has been stupid enough to call your "deposit" rent hence you have the easy route of using it as rent.

Insomniac666

Well I dont' have plans to sue them, it all depends on what they say when I tell them they can use it as my last month's rent. not going to give them that option until it's due next week, in case they protect it then I have to pay out the months rent and wait for the freshly protected deposit to be re-paid.

Insomniac666

Is there only 3 deposit schemes around

mydeposit
TDS
DPS?

N79

Insomniac666 wrote: »

Is there only 3 deposit schemes around

mydeposit
TDS
DPS?

Yes.

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