Unpaid deposit which was not protected.

robk87

At the start of September we moved out of our previous flat which we rented through a letting agency.


The flat was inspected and we were told we would receive our deposit back the following week. It has now been over 8 weeks since the inspection and still no deposit. We have constantly been given excuses and told it will 'be sorted next week'. Yesterday we received an email saying that 'hopefully it will be sorted by next Friday'.

I am going to reply giving Friday as the deadline before we start a small claims court action under The Housing Act 2004.

The fact that we haven't received our deposit back has left us short of money for the last 2 months and it is getting to a point where we will incur costs if we don't get out money back.

My Question:
If I tell my landlord that if it is not received by Friday then I will expect £25 per day for the hassle and costs incurred would this be accepted by the courts? I know they can award up to 3 times the punishment by way of a penalty but would they see a daily payment as reasonable for the time and effort I would have to put in to chase the money? Or, would they only allow me to claim any costs I could prove I had incurred and not for my time, effort and the hassle/stress involved?

Thanks in advance.
Rob

BitterAndTwisted

You can only ask the court to award actual costs, not some fantasy made up figure.

Just write your "Letter Before Action", copying both the agent and the landlord, and acquaint them with the information about the courts awarding three-times the deposit as a penalty for non-protection. And that you want it returned within seven days or else via a direct payment by bank-transfer to the bank account you have provided them with the details of in your letter.

pmlindyloo

Good guide here:

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

As B&T says the court can award up to 3 times the deposit as compensation and this compensation would include your 'hassle' over the whole process.

keyser666

You can add 8% interest per day if going via MCOL

G_M

keyser666 wrote: »

You can add 8% interest per day if going via MCOL

I imagine that is 8% per annum, calculated daily!

:rotfl:

Have you written to the landlord? Put your final demand into a letter, at the address on your tenancy agreement "for the serving of notices", and send a copy to the agents.

robk87

Thanks for the replies. I've sent a letter before action and given this Friday as the deadline.

keyser666

G_M wrote: »

I imagine that is 8% per annum, calculated daily!

:rotfl:

Have you written to the landlord? Put your final demand into a letter, at the address on your tenancy agreement "for the serving of notices", and send a copy to the agents.

Again apologies, footy was on and not concentrating