Suing Landlord for Deposit

Fang_3

Hi all,

In my previous thread about my previous landlord, I had a bit of a moan, and he's still ignoring me and still has my deposit.

I have a few questions, and if anyone knows the answer then that would be fabulous!

1. As he has not returned my deposit, and seemingly not protected it, can I sue him for three times the amount of deposit plus costs? So say the deposit was £250. I could sue for £750+the cost of taking him to court?

2. I've heard that this is an automatic judgement, does this mean that the judge would have to award me this?

3. I'm hoping that the threat of having to pay this will spur him into action of returning my deposit, but would it be very wrong to send a(nother) letter telling him to now pay this amount, minus costs? Then hopefully he'll pay the deposit back, but might pay more as a bonus?

4. Would the onus be on me to prove that the deposit was not protected, or on the landlord? What would constitute proof in the eyes of the court?

Thank you!

N79

Fang wrote: »

Hi all,

In my previous thread about my previous landlord, I had a bit of a moan, and he's still ignoring me and still has my deposit.

I have a few questions, and if anyone knows the answer then that would be fabulous!

1. As he has not returned my deposit, and seemingly not protected it, can I sue him for three times the amount of deposit plus costs? So say the deposit was £250. I could sue for £750+the cost of taking him to court?

No GBP1000 + costs. Deposit plus 3x deposit.

2. I've heard that this is an automatic judgement, does this mean that the judge would have to award me this?

Far from automatic. Indeed, if your LL returns your deposit before the due date then your odds of getting 3x are probably about 50-50 at best - although you will get your deposit back provided the LL has no valid deductions to make.

3. I'm hoping that the threat of having to pay this will spur him into action of returning my deposit, but would it be very wrong to send a(nother) letter telling him to now pay this amount, minus costs? Then hopefully he'll pay the deposit back, but might pay more as a bonus?

That is exactly what you should do, head the letter "letter before action" and tell your LL what action you want them to take to avoid court. Set a deadline for compliance (suggest 14 days). If you offer to settle (eg for your deposit back plus a little extra) then make sure you head your offer "Without Prejudice".

4. Would the onus be on me to prove that the deposit was not protected, or on the landlord? What would constitute proof in the eyes of the court?

You to prove it was not protected. Just get each of the 3 schemes to send you a letter saying it is not and was not protected. That will be more than sufficient.