Landlord not using dps

terryw

zappahey wrote: »

Say thanks, stick it in your pocket and walk away happy.

And also hit the "thanks" button (as I have done) for those posters who have given you helpful information.

alz9

No problem; I've thanked every response. I really appreciate everyone's advice.

So I'll get the letter sorted and posted 1st class with proof of postage. I'll allow 7 days (allowing for the 2 day postage delay).

Than we'll see.

If I get no response I'll set up a claim using the website we've mentioned above for £2150 (£50+£2100 (3xDeposit amount at £700)) plus any court fees incurred.

Thanks again

G_M

alz9 wrote: »

.... I'll allow 7 days (allowing for the 2 day postage delay).

7 working days!

Loopgames

pmlindyloo wrote: »

Here's the info for the 3 schemes:

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes

Oh dear ...looks like my landlord is a naughty boy! :eek:

Zorz_2

alz9 wrote: »

If I get no response I'll set up a claim using the website we've mentioned above for £2150 (£50+£2100 (3xDeposit amount at £700)) plus any court fees incurred.

Unfortunately, you can't do that.

You can claim online for the rest of your deposit, but the penalty for non-protection of your deposit means that the case cannot be allocated to the small claims track.

Instead, you need a lengthier, more expensive process and a solicitor:
[FONT=Times New Roman, serif]http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part56[/FONT]


I'm not a lawyer, I don't play one on tv either. But all the sources that I've found so far point out to this.

securityman

Can you claim the 3xDeposit amount after you have ended your tenancy?

Zorz_2

securityman wrote: »

Can you claim the 3xDeposit amount after you have ended your tenancy?

Yes, if the tenancy ended after May 2012, when the Localism Act came into effect. And the award is between 1 and 3 times, not necessarily 3x.

arthur_lager

Someone will correct me if I am wrong but when I last rented I got a letter from DPS telling me where my money was. I think they then released the money straight to me.

I suspect your landlord has not put the deposit through the scheme.

alz9

Hi everyone, and again, thank you so much for all your feedback and advice.

I have been away for a week since my 'letter before action' expired so my previous landlord has actually had two weeks rather than 5 working days to respond and alas I've heard nothing.

So I will be moving this issue onto the courts.

But I am still unsure how this process will work and wanted to re submit my query about court payments.

I have an issue with my landlord over a withheld £50 so under normal circumstances I would open a case for this amount with a hope to get the £50 back and my court fee.

However, since it seems apparent that my landlord didn't follow the housing act laws (therefore breaking the law) the issue of enforcement of the law comes into play. The law being that a landlord who does not protect a tenants deposit could be fined between 1 and 3 times the full deposit amount which would be payable to the tenant.

Now, I still feel that it should be the court who award any fines regarding the unlawful act of non protection of our deposit and that I should only have to raise the issue of the £50; and once the court hears that the landlord broke the law then it aught to be their better judgement to fine them and make decisions on financial terms.

But at least one of the posters to this thread feels I should claim for the whole lot and therefore I can't use a small claims court.

But again, since this is a fine that can range depending on the courts judgement, surely the law isn't set up for the claimant to be second guessing the courts final decisions. Surely this should be a court decision secondary to my original claim for my deposit back.

I am really keen to get some conclusive feedback as G_M & The Pixi feel this is an open and closed case I don't want to lose out when it is in fact my landlord who has broken the law. I have followed all the steps leading up to this point and don't want to mess up my case now because of a silly error.

You'd think that surely if the law is in place to protect tenants then it should be easy for tenants to raise issues and enforce the law along with the courts.

If anyone can help with a conclusive answer then I'd be very grateful.

Thank you again,


Al

terryw

I really wish that a conclusive answer was neatly available. I can understand your frustration.

With ANY court case there is no guarantee that you will win. Outside the Small Claims there is a risk of costs being substantial if you lose. Your choice really.

Parliament make the Laws but judges interpret them. Use google to find some of the decisions made in this area. Until there is an appeal to a higher court for a binding decision, court action is risky.

Just my layman's opinion. It is possibly worth getting some paid for professional advice.

Best of luck regardless.