Taking LA to court, over deposit not in scheme.

kizzie_nikita

On a previous thread i asked about all the deposit schemes and how things should work.

I found out that our deposit is not been put in a scheme. We've been living here nearly 2 years and are moving out in just over 4 weeks time. (england).

I've contacted the LL asking and he sent me to the LA as 'they're holding the deposit'.

I went to the LA, and every time i asked about the schemes they completely ignored anything to do with the fact and just told me they would give me it back when i move.

I contacted all 3 Schemes and 2 said we were not registered, and the last one said that we HAD been registered but the account got closed, as the LA never put the deposit money in.

This tells me that our deposit is not in a scheme and is therefore breaking the law.

How would i go about taking this to court? As i feel if we have to abide by the law, so should the LL & LA.

I have sent a letter to the LA / LL asking them to put it in a scheme, and explained that the next option would be court if they refused to do so..

I've done some googles and i know that we can take them to court and they'll have to pay us 1-3 times the amount back if it's not in a scheme, but i have no idea where to actually start?


What would happen during the court hearing etc, would we have to pay fees etc?

RAS

Send a letter before action - most times that is enough to frighten the LL into regsitering the money.

BitterAndTwisted

Before you threaten anyone with court you will need to have evidence that you have pursued all other possible routes to resolving this first. I would advise you against thinking that trying to take the agent to court is the best course of action. Legally the final responsibility for your deposit is the landlord, which is why the agent is called an, ahem "agent".

Please do not belive that the courts automatically award the tenants three-times the deposuit as penalty because they don't always. And they won't award it once your tenancy has ended either. Whjich is past the point at which you'd have liked it back if there was no dirt or damage at the end of your tenancy.

I would suggest WRITING, no text-messages, no personal messages on Facebook, no phone calls nothing other than a proper grown-up letter and keep a copy. Send two copies from the same Post Office branch on the same day, sending a copy of each to the agent as well, retaining proof of postage. NO REGISTERED LETTERS! Point out that the final responsibility for your money is the landlord's and ask his to demand that the agent lodges your deposit immediately as is required. Or else. You cal tell him that the courts have been known to award the tenant three-times the deposit as a penalty if you like as this landlord sounds like an inexperienced one and may not be acquainted with the true facts.

kizzie_nikita

Opps, forgot to point out, i have sent a letter to the LA asking them to put it in a scheme, and explained that the next option would be court if they refused to do so..

The LA however, will un-likley reply.

The landlord see's it as he's nothing to do with the deposit... Should i try with him again anyway?

brightonman123

report to any regulatory body they are in, first.. and local chamber of commerce?

DVardysShadow

BitterAndTwisted wrote: »

... Please do not belive that the courts automatically award the tenants three-times the deposuit as penalty because they don't always. And they won't award it once your tenancy has ended either. Whjich is past the point at which you'd have liked it back if there was no dirt or damage at the end of your tenancy.

I believe that courts look upon the situation as it was on the day that action was commenced. Where the 3 times deposit has been overturned, AIUI, the action commenced after the tenancy ceased - and was ruled out on those grounds.

So, while like B&T I would not hold my breath for a penalty, it seems to me to be worth getting the paperwork in to the court before the end of the tenancy

Trollfever

If you don’t protect the deposit within 30 days of receiving it:

• your tenant can take you to court
• the court will order you or your agent to pay compensation to the tenant — at a minimum, the value of the deposit, up to a maximum of three times the value of the deposit
• it will be harder for you to evict a tenant.

http://england.shelter.org.uk/campaigns/deposit_protection

DVardysShadow

kizzie_nikita wrote: »

... The landlord see's it as he's nothing to do with the deposit... Should i try with him again anyway?

Missed it first time around. The Landlord is ultimately responsible for your deposit. It is him I would be suing. You need to give him fair warning you are going after him - and be seen to have done this. If you have not already, send him copies of the correspondence with the LA when you warn him that you are taking this to court.

BitterAndTwisted

kizzie_nikita wrote: »

Opps, forgot to point out, i have sent a letter to the LA asking them to put it in a scheme, and explained that the next option would be court if they refused to do so..

The LA however, will un-likley reply.

The landlord see's it as he's nothing to do with the deposit... Should i try with him again anyway?

Look, the landlord can see it any way he likes but that cannot change the facts of the matter. HE appointed the agent of his own free will, no-one else did, the agent is working on his behalf alone but the final responsibility is his. In law.

Write your Letter Before Action NOW. Today. Reminding him that you have already discussed the non-protection of your deposit and the landlord cannot abrogate his responsibility, which is his alone. And if it is not protected you will start proceedings in court. The penalty for non-protection has been awarded in the past at three-times the deposit amount and that is precisely what you intend to ask the court to award you if he doesn't arrange to have YOUR MONEY protected in one of three approved schemes immediately. End of. Do it!

jjlandlord

BitterAndTwisted wrote: »

Please do not belive that the courts automatically award the tenants three-times the deposuit as penalty because they don't always.

Really?
The wording of the s.214 is rather clear that the court must award 3x the deposit in addition to either making the landlord refund the deposit, or protect it in a custodial scheme.

franklee

I'd be waiting for after 6th May if possible so as the new Localism Act rules kick in:

Localism has arrived and there's 30 days to act
http://blog.tds.gb.com/blog/localism-has-arrived-and-there-s-30-days-to-act/

Before which the landlord can just return or protect the deposit to avoid penalty and the tenant's money spent to take action gets wasted. Loopholes that will hopefully be closed after 6th May.