Landlord didn't use a Tenancy Deposit Protection Scheme

Guest101

MoneySaver999 wrote: »

I assume the LL didn't think I'd bother to check and he'd rather keep the money in his own bank account than have it in a scheme?

It doesnt have to cost the LL anything to register, and protects you (and him). What if he went bankrupt, your money would be inaccessible.

MoneySaver999

Guest101 wrote: »

It doesnt have to cost the LL anything to register, and protects you (and him). What if he went bankrupt, your money would be inaccessible.

Yes, that's the thinking I've been using to justify taking legal action. I feel there should be a penalty as my money has been unnecessarily put at risk, at the same time I can't help but feel it is quite an undignified thing to do.

Thanks to all the people that replied to this thread; I'll certainly have a proper think about what to do.

owitemisermusa

Get your money back and move on.

MoneySaver9999_2

Guest101 wrote: »

It doesnt have to cost the LL anything to register, and protects you (and him). What if he went bankrupt, your money would be inaccessible.

OP here, for some reason I can't login in to my original account.

I've decided to go ahead with pursuing my deposit and (up to) three times my deposit for compensation as the landlord has so far refused to return my deposit.

Can you please clarify the steps I would need to take? As far as I understand, I first need to send a letter before action. In that, I plan to ask for the return of my deposit in addition to three times my deposit for failure to protect my deposit, failure to provide me with the necessary information and failure to return my deposit in a timely manner. After that, if I don't receive a satisfactory response, I have to file a N208 form. Is that correct?

Is this all simple to do, or will I need the assistance of a solicitor? I don't mind paying for a solicitor if my legal costs will be recovered later. I know the court fees (around £1000) will be recovered, but will my solicitor fees also be recovered? If not, I would have to do it myself.

Thanks

Guest101

All reasonable costs can be recovered.

But your absolutely right, you need to (as in must) send a letter before action. I would send 2 copies, each from a different post office, keeping the proof of postage (ask them for proof off postage, its free).

Give them 14-28 days to respond. I would not ask for 3x straight away, its unlikely you'd get 3x in court, asking for 1x or 2x is more likely to be successful, and would show reasonable behaviour on your part if it went to court.

MoneySaver9999_2

Guest101 wrote: »

All reasonable costs can be recovered.

But your absolutely right, you need to (as in must) send a letter before action. I would send 2 copies, each from a different post office, keeping the proof of postage (ask them for proof off postage, its free).

Give them 14-28 days to respond. I would not ask for 3x straight away, its unlikely you'd get 3x in court, asking for 1x or 2x is more likely to be successful, and would show reasonable behaviour on your part if it went to court.

Thanks.

I spoke to a solicitor who said it's advisable for me to do this on my own as I won't be able to recover solicitor fees because it would go through the small claims court as it is under £10,000. I thought it would go through the multi track system, but she seemed adamant that it is up to the court to decide and it would probably be small claims court. Is it still the N208 form I need to fill in?

Guest101

MoneySaver9999 wrote: »

Thanks.

I spoke to a solicitor who said it's advisable for me to do this on my own as I won't be able to recover solicitor fees because it would go through the small claims court as it is under £10,000. I thought it would go through the multi track system, but she seemed adamant that it is up to the court to decide and it would probably be small claims court. Is it still the N208 form I need to fill in?

It goes through the county court, not the small claims court - dont use that solicitor, clearly not handled a case like this before.

You are not suing for a loss, but for a pnealty under law. You (and the rest of the posters here) are correct.

MoneySaver9999_2

Update on this:

I have now received an email from the landlord, one day before I'm planning to start proceedings in court.

The landlord has provided me with some deductions they are planning to make to the deposit. Much of which I don't agree with. They also make no reference to the compensation for their failure in protecting my deposit.

I don't mind going to court to get what I believe I am entitled to. So my question is should I waste my time arguing with them about the deductions and the penalty for not protecting my deposit. Or, given that they emailed (instead of posting), just ignore and file proceedings pretending I didn't receive the email?

Kazzaroo

MoneySaver999 wrote: »

There should be a penalty for not protecting my deposit but I do feel that it's a morally questionable thing to do if my deposit has been returned and given that the landlord has generally been okay.

There is a process as has already been outlined however the law doesnt allow "moral" judgements so its all or nothing, Deposit returned and no legal action or go to court and claim 3x deposit PLUS court costs.

Its ultimately up to the LL if they want to compensate you,it may be a genuine mistake (he forgot to do it for whatever reason) and if you have a good relationship with him then i dont see the point in going to court unless you absolutely have to,Court wont look favorably on you (although will proberly still grant you the judgement because LL broke the law) IF you havent tried to resolve it formally.

xoAmyox

MoneySaver9999 wrote: »

Update on this:

I have now received an email from the landlord, one day before I'm planning to start proceedings in court.

The landlord has provided me with some deductions they are planning to make to the deposit. Much of which I don't agree with. They also make no reference to the compensation for their failure in protecting my deposit.

I don't mind going to court to get what I believe I am entitled to. So my question is should I waste my time arguing with them about the deductions and the penalty for not protecting my deposit. Or, given that they emailed (instead of posting), just ignore and file proceedings pretending I didn't receive the email?

Personally, I would proceed. A landlord that fails to protect the deposit (which has been law for quite some time) and then chooses to propose potentially dubious deductions, does not appear to be a decent one.

However, I'm not sure on the rules surrounding the email, but I've been told that the court will not look fondly on applicants who do not attempt to reach a resolution before going through the court process.

Please do keep us updated with progress.