Taking LA to court, over deposit not in scheme.

jjlandlord

kizzie_nikita wrote: »

no need to be rude. Why would you assume i have money?

I was not rude, just interested in the outcome of such a case, so happy that you propose to proceed with suing for 3x deposit.

And I'm not assuming that you have money: you said that if you win costs would be refund to you.
This implies that you're happy to potentially spend hundreds, if not thousands, upfront and to wait months and months to perhaps be refunded as this is not an issue usually a straight forward case allocated to small claim track.

On the other hand, as mentioned, it would be relatively cheap an easy to sue for the simple return of the deposit.

(the LA's letter is BS, btw)

SouthCoast

This implies that you're happy to potentially spend hundreds, if not thousands, upfront and to wait months and months to perhaps be refunded as this is not an issue usually a straight forward case allocated to small claim track.

Why can't the OP use The Small Claims Court?

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195118

mynameisclare

kizzie_nikita wrote: »

Edit- Does anybody think that we/i'm in the wrong for wanting to take them to court if they don't protect it soon? i feel as if i shouldn't purely because we are leaving soon. What if court thinks we are being pathetic?

When you're leaving soon is exactly when it's most important that your deposit is protected. I hope you do take these idiots to court (or more accurately, take landlord to court and let him go after the agents).

I suspect someone has done this with my letting agents as I just received the registration information from DPS out of the blue, over 3 years after I moved in! (I was happy to leave it unregistered while I was staying here as I know it would make any S21 invalid).

Also, the "advice" to withold last month's rent is incredibly unhelpful. Most deposits are 1.5 months' rent for just that reason.

LLouiseR

its worth getting advice from a local housing specialist ( Its shelter where I live) or the CAB or even you local council's housing section as they may be aware of the landlord. They probably won't be allowed to discuss dealings with the Landlord previously but if they roll their eye's when you mention the name its not looking good. They may be able to give you an indication if the landlord, from past experience, has registered the deposit at the last min in a "round about" sort of way.

jjlandlord

SouthCoast wrote: »

Why can't the OP use The Small Claims Court?

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195118

(There's no "small claim court", it's a small claim track.)

As explained, she certainly can for the simple return of the deposit.

However, the 3x deposit penalty is not a debt that her landlord owes her, it is indeed a penalty to be imposed by a court.
Consequently such claims are not allocated to the small claims track, and leads to higher court fees, etc.

Reading around specialised forums and blogs, you find testimonies by tenants that their court action for 3x deposit penalty cost them several thousand pounds in legal fees...

jjlandlord

mynameisclare wrote: »

Also, the "advice" to withold last month's rent is incredibly unhelpful. Most deposits are 1.5 months' rent for just that reason.

Right. Because of course while withholding the last month rent is perfectly possible, withholding the last 1.5 months' rent is impossible...

Even if opportunity is missed and only 1 month's rent is withheld, that's still 2/3 of the 1.5 month deposit recovered safe and sound, isn't it?

SouthCoast

jjlandlord wrote: »

(There's no "small claim court", it's a small claim track.)

As explained, she certainly can for the simple return of the deposit.

However, the 3x deposit penalty is not a debt that her landlord owes her, it is indeed a penalty to be imposed by a court.
Consequently such claims are not allocated to the small claims track, and leads to higher court fees, etc.

Reading around specialised forums and blogs, you find testimonies by tenants that their court action for 3x deposit penalty cost them several thousand pounds in legal fees...

Going to court to get a deposit back:

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/getting_an_unprotected_deposit_back/going_to_court_to_get_a_deposit_back

kizzie_nikita

She (the manager has taken over now) said that i want she will register our deposit tomorrow, so i will email her back and tell her i would like this.

Thanks for everyones help

DpchMd

I suggest you remove the names and addresses from the LA letter you posted.

kizzie_nikita

DpchMd wrote: »

I suggest you remove the names and addresses from the LA letter you posted.

Have done the addresse's, but no need as it's only my name, which is my name on here anyway.