deposit not protected advice pls

superstud

hi
I was renting a place a few yrs ago 2011, I moved out after giving a bit of notice - not the full 30days but the LL seemed happy enough.

The landlord only gave me £100 back out of a £550 deposit!
making up daft charges like cleaning after I left, I offered to get a cleaner in but was told no need. (Even tho it was husband & wife who cleaned so not justified in the £80 cleaning charge)

I didn't know that you had to protect deposits etc but seems as they didn't all deposit wash given & returned cash to me.

Do I have any recourse to pursue them now for the other £450

benjus

You have 6 years to take the LL to court for the return of the deposit. However, you cannot bring a claim for compensation for his failure to protect it after the tenancy has ended.

What evidence do you have to support your position?

Werdnal

benjus wrote: »

You have 6 years to take the LL to court for the return of the deposit. However, you cannot bring a claim for compensation for his failure to protect it after the tenancy has ended.

You can launch the claim for suggested penalty for non-protection (ie 1-3x the deposit value) up to 6 years AFTER the LL failed to protect it. Does not matter whether the tenancy has ended or not.

OP, you can write to the LL pointing out his failure to protect the deposit has left him liable for your claim as above (however this claim is a long-winded and costly affair, through the county court), but if he returns the deposit value in full you will waive your right to launch the claim. Ask him to return in full within 7 working days. Use the title "Letter before Action" on your letter.

However, you seem to suggest there may have been some cleaning needed, and the charge the LL levies on you is for the dirty/damage you left and not necessarily for the cost of who he got to do the cleaning. If you did leave any dirt, damage or repairs, the LL can still counterclaim on you (assuming he has proof of your liability) through the courts for anything he feels you owe, and that could include rent in lieu of the insufficient notice you apparently gave him.

benjus

Werdnal wrote: »

You can launch the claim for suggested penalty for non-protection (ie 1-3x the deposit value) up to 6 years AFTER the LL failed to protect it. Does not matter whether the tenancy has ended or not.

Sorry about that... I stand corrected.

G_M

Werdnal wrote: »

You can launch the claim for suggested penalty for non-protection (ie 1-3x the deposit value) up to 6 years AFTER the LL failed to protect it. Does not matter whether the tenancy has ended or not.

Would that apply here?

If the tenancy ended in 2011, before the Localism Act came into force, would tenant still be able to claim? (given that prior to that Act claims could not be made once the tenancy had ended).

I moved out after giving a bit of notice - not the full 30days but the LL seemed happy enough.

It is not '30 days', it is a full Tenancy Period which could be up just short of 2months.

* Have you (written) evidence the LL accpted this short notice?
*might the deposit deduction have also included rent for lack of notice?

thesaint

superstud wrote: »

hi
I was renting a place a few yrs ago 2011, I moved out after giving a bit of notice - not the full 30days but the LL seemed happy enough.

What does "happy enough" mean?
The same way you had deductions from your deposit, but seemed "happy enough"?

What date did you vacate the property?

martindow

Are you in Engand, Wales or Scotland? Your mention of 30 days notice suggests this may be a Scottish tenancy where the law is quite different from E and W.