Landlord didnt protect deposit and we were evicted via section 21

Cissi

I'd have thought it would be better to sue him now, before he returns the deposit, for the initial deposit plus 3 x for failing to protect it? What do the more knowledgeable folks think? Is it still productive to sue for the 3x fine if the deposit has been returned in full?

starbarboy

Hi there

You can apply for compensations up to 3 times the deposit through the small claims court - fees vary depending on the size of claim (approx 10%) however these are only payable if the court finds against you.

Having said that, I would probably wait and see whether the LL gives you the deposit back before deciding whether you want to take any action.

Hope this helps

Stephen

Yorkie1

starbarboy wrote: »

Hi there

You can apply for compensations up to 3 times the deposit through the small claims court - fees vary depending on the size of claim (approx 10%) however these are only payable if the court finds against you.

Having said that, I would probably wait and see whether the LL gives you the deposit back before deciding whether you want to take any action.

Hope this helps

Stephen

Are you sure about the bit in bold?

I was under the impression that you had to pay the court fees up front when you issued proceedings.

starbarboy

To make a claim in the small claims court up front however if you win these costs are awarded to you.

Hope this helps

Stephen

Werdnal

Deposit protection penalty is not claimable through the small claim court!

This might help with an explanation of the process:

http://tenancyanswers.ucoz.com/index/my_deposit_isn_t_protected/0-4

£1K+ in court fees, which you would be awarded, but only if and when the claim came back in your favour ...

starbarboy

Apologies

In Scotland it is via the Small claims court. In England it is through the small claims track via the County Court. Fees are not anywhere in the region of what you state though and are nearer the £150 mark (again depending on size of claim). To claim you need to complete and return form N208 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Stephen

dimbo61

The full deposit should be returned within 14 days now this !!!! of a LL has £900 in his pocket which HE should return now but he is back in the property and not getting any rent ( so he needs to pay his mortgage )
Ring him today and tell him you want you full deposit back in your bank account today ( you do have a receipt for the deposit and an AST ?)
If he pays your full deposit back then you can move on with your life OR you can take him to court, inform HMRC tax people about the income he got from you ( rent) and pay £3 to find out who the lender is and write to them as well.

I_have_spoken

>so we lived there 5 out the 6 month contract.<

The LL could have served the S.21 notice to vacate the day after the tenancy began, but only valid if the exit date was at the end of the 6 month fixed term and the deposit was in a protected scheme.

tim123456789

starbarboy wrote: »

Apologies

In Scotland it is via the Small claims court. In England it is through the small claims track via the County Court.

No it's not

You are claiming a sum which is a "fine" issued under the criminal law.

The small claims court cannot award such penalties.

You have to take this action in the grown up court

Werdnal

This is an extract from the link I posted above:

"Suing for the statutory penalty under section 214 of the 2004 Housing Act (as amended) is not allocated to the 'small claims track' and this means that it will cost over £1000 to get the claim to hearing. Whilst it is highly likely that those court costs would be awarded against your landlord, they have to be paid by the claimant (tenant) before any judgement is made. When the 2004 Housing Act was implemented, a number of 'no-win-no-fee' firms promoted their services - it is likely that the 2011 Act will result in a resurgence of such offerings."


Members should try to get their facts right before posting misleading and incorrect advice on such serious legal matters! Any such claim must go through the "big boys" court, and it is also suggested that to gain a cast iron case, claimants should employ a solicitor experienced in property law to prepare their claim and application documents. Not for the faint hearted, but a 99.9% guaranteed win if LL has failed to protect in accordance with the deposit laws.