Deposit protection and deductions

skevvybritt

Hello,

We have been living in a flat since 2008, and our contract ended on the 17th May this year. Since then, we have been in dispute with the landlord over their proposed deductions, which we believe to be unfair.

Recently we decided that we weren't going to be able to resolve this ourselves, and I logged onto the TDS website and entered the details, only to find that our deposit was actually only protected after the tenancy ended - nearly 4 years late!

I'm aware from some thorough googling (and the Shelter website, which is amazing for this sort of thing!) that they are in breach of contract. As I understand it, if we went to court we would be entitled to our deposit back, plus between 1 and 3 times the deposit in compensation. I have a couple of queries though.

Firstly, does anyone know how much taking this sort of thing to court costs in court fees? I know we could ultimately claim them back, but we're pretty tight for money at the moment (being over a grand out of pocket). Secondly, how long does it typically take to come to court and be resolved? Thirdly, can the landlord still claim deductions from our deposit in a court situation? And finally, can we represent ourselves or would we need to hire a lawyer?

Can anyone help with this? I would very much appreciate it.

G_M

It appears from your post that the deposit is now registered in a scheme. So it is not worth pursuing the late registration.

Focus on the issue of deductions and deposit return.

you give no indication of what deductions the landlord is claiming, so it is impossble to advise on whether they are valid or not, or whether the LL can provide evidence (eg a dual-signed check-in inventory), but if, as you indicate, you feel the deductions are unfair, then use the deposit scheme's dispute resolution process.

marliepanda

If I were you I wouldnt pursue 3 x deposit or all of that court stuff.

I would ask for my full deposit back. If the LL proposes deductions, I would bring up the late registration and ask whether he wants to return your deposit or you will 'take him to court' or whatever.

I wouldnt try and get more than my deposit, but I would use it to try and get my full deposit back...

robpw2

i dont know why they have the 3 times deposit thing for non registration when lanlords can just register it late and have no recourse , its disgusting

tbs624

robpw2 wrote: »

i dont know why they have the 3 times deposit thing for non registration when lanlords can just register it late and have no recourse , its disgusting

The changes brought in by the Localism Act mean that a T can still proceed to court if the LL has registered the deposit late. The LL is likely to be charged the lower rate of penalty - the court *has* to award beteween 1 and 3 x the deposit euuivalent.

G_M

robpw2 wrote: »

i dont know why they have the 3 times deposit thing for non registration when lanlords can just register it late and have no recourse , its disgusting

Since April 2012 the Localism Act 2011 has removed this option for landlords.

However the OP will find it both easier and cheaper to simply use negotiation and/or scheme arbitration to get deposit back, rather than use the courts to claim the penalty which would be unlikely to be the full 3 times, so is hardly worth the extra agro.

If the deposit was not registered at all the advice would be different.

robpw2

i didnt know they had changed it , thanks anyway

skevvybritt

G_M wrote: »

Since April 2012 the Localism Act 2011 has removed this option for landlords.

However the OP will find it both easier and cheaper to simply use negotiation and/or scheme arbitration to get deposit back, rather than use the courts to claim the penalty which would be unlikely to be the full 3 times, so is hardly worth the extra agro.

If the deposit was not registered at all the advice would be different.

Thanks very much for all your replies. G_M, when you say it will be "easier and cheaper", do you have any info on how much it will cost to go to court? Our deposit amount is over £1000, so I'm assuming that even if the courts award the minimum penalty (deposit + 1x deposit compensation) this will cover our court costs. Is this not right?

EDIT: the other issue is that the TDS may not take the case - it says on their website that "We will only consider a dispute if the deposit was covered by our scheme by us when your tenancy ended" - which is not the case for us

dimbo61

You lived in the property for nearly 4 years and the LL wont return your deposit IN FULL or PART?
Fair wear and tear over 4 years
Was the property like new when you moved in ? Brand new carpets, kitchen, bathroom ETC?
Did the LL do a proper signed inventory with photos ?
Did you take photos or any damage or problems, dirt when you moved in and OUT
Did you use a letting agent and did the LL do any repairs ( good LL!)

G_M

How to make a claim under £5000

The fees involved in making a small claim

Assuming you win your case you will claim back any fees you have paid.
You also get the amount you claim (deposit)
You also get any penalty imposed (eg between 1 and 3 times the deposit)

tbs624

skevvybritt wrote: »

Thanks very much for all your replies. G_M, when you say it will be "easier and cheaper", do you have any info on how much it will cost to go to court? Our deposit amount is over £1000, so I'm assuming that even if the courts award the minimum penalty (deposit + 1x deposit compensation) this will cover our court costs. Is this not right?

The necessary forms plus guidance on court fees can be found here.

You can apply to the court for the LL to be ordered to pay towards your costs. Note too that if you are on a low income there is help available with the fees