Taking LA to court, over deposit not in scheme.

jjlandlord

franklee wrote: »

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.

My understanding is that the amendments introduced by the Localism Act will prevent the landlord from protecting the deposit late.
So if the deposit is not protected he will have no choice but to refund it before serving a s.21 notice, or to avoid the penalty.

franklee

jjlandlord wrote: »

My understanding is that the amendments introduced by the Localism Act will prevent the landlord from protecting the deposit late.
So if the deposit is not protected he will have no choice but to refund it before serving a s.21 notice, or to avoid the penalty.

Yes but he has until 6th of May to protect and avoid the Localism Act act changes which is why I posted about 6th of May. Basically they've given landlords 30 days after the act came in to comply.

G_M

At present, if you start court action, the landlord can register the deposit in the period between the court action commencing, and the case being held. By doing so he will avoid the 3 x penalty.

After implementation of the Localism Act this loophole will be closed. (thanks for advising the date of 6th May Franklee.

So, OP, if your tenancy is about to end, act fast. Otherwise wait till 6th May.

kizzie_nikita

BitterAndTwisted wrote: »

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!

i have already sent him a letter stating this.

Edit - Sorry, i thought i said i'd sent him one, forgot that i didnt come back to edit that in.

kizzie_nikita

I will have to wait and see what the LA, & LL says in reply to my letter.

My oringal question was though, what would happen in court IF it did go that far.

Money expenses etc. Would i need a solicitor and that.

moromir

kizzie_nikita wrote: »

i have already sent him a letter stating this.

Unless I have mis-read, I believe you said you have sent a letter to the AGENT.

B&T is saying you should write a letter to the LANDLORD.

jjlandlord

Even if tenancy is about to end there seems much trouble and little benefits to start court proceedings.
If OP is that worried, last rent could be withheld to compensate the amount of the deposit.

franklee wrote: »

Yes but he has until 6th of May to protect and avoid the Localism Act act changes which is why I posted about 6th of May. Basically they've given landlords 30 days after the act came in to comply.

This was understood. I was commenting on you suggesting that the landlord will no longer be able to refund the deposit to avoid the penalty after the 6th May.

kizzie_nikita

moromir wrote: »

Unless I have mis-read, I believe you said you have sent a letter to the AGENT.

B&T is saying you should write a letter to the LANDLORD.

Yes, im sorry. Miss-read.

I have now sent one to both. I'm all over the place today.

kizzie_nikita

'I have spoken Stephens mother yesterday and advised her that your deposit is safe and secure and for you not to worry'

This is what the LA has replied in me telling them i will be tkaqing them to court if they don't put my BLOODY MONEY IN A STUPID SCHEME!

Driving me crazy!

franklee

jjlandlord wrote: »

I was commenting on you suggesting that the landlord will no longer be able to refund the deposit to avoid the penalty after the 6th May.

Maybe I'm out of date but I was going by this which suggests it:

1 March, 2012
http://blog.painsmith.co.uk/2012/03/01/the-localism-act/

"... The so-called ‘must also’ loophole, which allowed landlords to return the deposit to a tenant before a hearing and then assert that the court could not return that money to the tenant and therefore it could not ‘also’ make an award of the three times penalty, has also been closed by the simple expedient of removing the word ‘also’ from the text of the legislation.

3. The draconian three times the value of the deposit penalty will also cease. The court will have a discretionary power to award a penalty of between one and three times the value of the deposit. ..."