Deposit not protected... What can I do?

coinxoperated

Hi all!

I'm currently renting a vile little flat at £325 a month. It's got extreme damp issues, dodgy electrics, one electric heater which does nothing and the floor is collapsing in the bedroom and bathroom due to the damp throughout the entire underneath of the house.

I've been here for 3 years so far, as it's £200 cheaper a month than renting a house with rooms I don't need, and I have only just become financially stable. I've always paid my rent on time and made the LL fully aware of the issues. It's clearly a 'like it lump it' situation. EH cancelled several appointments to view the flat and I didn't follow them up as they clearly couldn't fit me in. It went on for months.

I'm now looking to move in with a partner.

Before I hand in my notice on the flat, I have a couple of things I would like to entirely clear on:

1. If LL confirms he hasn't put deposit in protected scheme, but gives me the full deposit back, can I still claim the 3x deposit for not protecting as he should have? I'm all for a bit of 'good will', but I'm out of having any sympathy for a man who has rented a flat that is dangerous to health. It's like living in a cold wet cave. He has taken advantage of my financial situation and knowing I couldn't as a single lady afford a house in the same area.

2. The LL and EA (although EA don't manage the property, just did the tenant introducing bit) never completed an inventory. I asked for one verbally many times, but never had anything. As it was unfurnished and pretty awful when I moved in, I doubt there would be much to 'claim', especially as I have improved by giving it a new lock of paint and keeping the damp spots looking ok. If he does decide to try and claim something, does he have a leg to stand on without my signature on an inventory?

Thanks

G_M

coinxoperated wrote: »

Hi all!

1. If LL confirms far better to check each of the 3 schemes yourself. he hasn't put deposit in protected scheme, but gives me the full deposit back, can I still claim the 3x deposit for not protecting as he should have? yes

2. The LL and EA (although EA don't manage the property, just did the tenant introducing bit) never completed an inventory. I asked for one verbally many times, but never had anything. As it was unfurnished and pretty awful when I moved in, I doubt there would be much to 'claim', especially as I have improved by giving it a new lock of paint and keeping the damp spots looking ok. If he does decide to try and claim something, does he have a leg to stand on without my signature on an inventory?depends if he has other evidence of the condition at check-in (eg receipt fromprofessional cleaners, receipt for new carpets etc) Without any evidence he has litle hope

Thanks

.....................

coinxoperated

Thank you! I know for certain he won't have any evidence of anything as all work he has done has been through a 'handy man' who has been told to 'just use scraps and bodge it'... Even the electrics!

Sorry - I wasn't clear - I have checked all schemes and it's not registered in any of them. How do I go about claiming the 3x after leaving? Is it a long and expensive process?

G_M

coinxoperated wrote: »

How do I go about claiming the 3x after leaving? Is it a long and expensive process?

County Court action.

teeni

no not long or expensive, county court claim, and the penalty for non compliance is mandatory when the regulations were amended the landlord had until May to protect the deposit and provide the tenant with the info. if this has not been done then you have a claim. the only issue is the amount they award they can award between 1 and 3 times the deposit paid .

Yorkie1

You need to be aware that if you claim the 1-3 times deposit, it is allocated to the standard county court route (not sure of what it's called) rather than the small claims track, I think. This is because the award is a penalty rather than a simple financial claim.

I believe the initial court fees are higher for the standard route, and I also think that solicitors can be used (and charged for).

coinxoperated

Okay! So is their a specific form I should fill in? What evidence do will I need to provide (I have a 3 page extremely basic contract which now indicates I'm on a rolling contract an a receipt for the £325 deposit I originally paid to the EA. do I need to get anything more ready?

Zorz_2

Yorkie1 wrote: »

You need to be aware that if you claim the 1-3 times deposit, it is allocated to the standard county court route (not sure of what it's called) rather than the small claims track, I think. This is because the award is a penalty rather than a simple financial claim.

I believe the initial court fees are higher for the standard route, and I also think that solicitors can be used (and charged for).

What you mean is a Part 8 claim of CPR, allocated to the Fast-track.

However, I have found this interesting post by Tessa Shepperson:

http://webcache.googleusercontent.com/search?q=cache:33btMCYUGyEJ:www.landlordlawblog.co.uk/2012/11/13/what-is-the-correct-procedure-for-claims-under-s-of-the-housing-act/+&cd=1&hl=el&ct=clnk&client=firefox-a

(I am posting the google cache link because at the moment it is not available on her website).

In short, it seems that there was a requirement to do s214 claims (this is about the non-protection of deposits) via the expensive method, but it was quietly dropped last year (perhaps after the Localism Act?), and in any case there was anecdotal evidence that judges were allowing these cases to go thru the small claims track anyway.

If anyone else has more information, I'd love to hear because I have personal interest in this.

theartfullodger

Are flats conversions & does landlord live in same building?

If so deposit protection etc. does not apply & it ain't an AST

tim123456789

I think that you are taking this too personally.

The LL is not taking advantage of you, he is just renting out flat at a low cost rent that accounts for its condition. You just happend to be the person who came along and accepted it at that rent.

I don't see any need to "get back at him" for this. Save your energy for making sure that you do get your deposit back.

tim

pawlala

tim123456789 wrote: »

The LL is not taking advantage of you, he is just renting out flat at a low cost rent that accounts for its condition.

I disagree, assuming that the flat is indeed in this condition

coinxoperated wrote: »

It's got extreme damp issues, dodgy electrics, one electric heater which does nothing and the floor is collapsing in the bedroom and bathroom due to the damp throughout the entire underneath of the house.

then not only are there health issues, there are safety issues that should have been addressed 3 years ago. Reducing the rent does not discharge their duty of providing safe and habitable living.

It is possible that this landlord will continue to provide unsafe accommodation until he is forced to change his or her ways. Court action for not protecting the deposit is the minimum they should be facing. The next tenant might end up with breathing difficulties, being electrocuted or buried underneath a pile of rotting joists and furniture. Take your pick.