Can I sue my landlord?

MissMoneypenny

tbs624 wrote: »

Miss M - a "crime" is not committed when a LL fails to scheme register a T's deposit, despite the fact that it may seem like one.

I think what that council poster on Shelter was trying to say, was that just because someone didn't get caught doing a wrong; it is still a wrong. I.E. if a burglar isn't caught while he is actually on the property stealing, he shouldn't get away with that crime. A crime is still a crime, whether caught in the act or not. That is why that council still take landlords' to court if they didn't protect the deposit, even after the tenant has moved out.

tbs624

MissMoneypenny wrote: »

I think what that council poster on Shelter was trying to say, was that just because someone didn't get caught doing a wrong; it is still a wrong. I.E. if a burglar isn't caught while he is actually on the property stealing, he shouldn't get away with that crime. A crime is still a crime, whether caught in the act or not. That is why that council still take landlords' to court if they didn't protect the deposit, even after the tenant has moved out.

My bolding. My own view is that it *ought*to be possible for a LL who has failed to comply with the tenancy deposit regs to be held to account at any point.

However, the reason for my previous post was that a breach of deposit regs does not fall under criminal law. Unfortunately, the idea that it is a criminal case, that it's dealt with in a Mags Court and that the LL may be "fined" seem to get passed around via forums (recent poster on here even claimed LLs could receive a prison sentence).If Ts are to challenge their errant LLs they need to understand what they are delaing with

rrf494g

back to the question

The legal position is, I think, that you can sue (that is take out a county court summons) for anything you wish - there is very little restraint about taking out a summons -BUT- the bigger question is would it get you anywhere. It would annoy the landlord, no doubt, and only you know if that is of value to you, or morally fair. I doubt if any recorder(judge) would grant you "extra" deposit back if it had already been returned in full. You need to be clear on any summons what is the specific (valued) reason for the action. General historic examples of disagreements between you will not be enough. If the landlord has not acted properly (but you have not financially suffered) then it's not up to you to sue - it's up to other regulatory authorities, and you would not get any financial penalty. It would be a fine paid to the government. You seem glad to be out early from your tenancy, so extended occupation would not seem to be worth pursuing. Hope this helps.
regards