Landlord didn't use a Tenancy Deposit Protection Scheme

Road_Hog

MoneySaver9999 wrote: »

Please don't judge when you don't know the full facts. I asked the landlord for my deposit back (no penalty) two times and was simply ignored.

I'll judge whatever I like thanks. It is funny how only now, you mention that you've asked for the deposit. Your post #5 clearly shows your intention that you are seeking a financial advantage.

Like I said, tell the LL you want your deposit back, otherwise you'll go legal. you're entitled to your deposit back, less any deductions for damage and if that's offered then that is a fair deal.

edonm

Are there any updates on this? I have a similar situation, I was a tenant between 2010 - 2013 (in England), and after my LL refusing to return deposit or give details of deductions, I have discovered none of the protection companies have any record of my deposit.

I have a no win no fee solicitor willing to take the case (as I have my agreement, evidence of deposit paid etc), but I'm unsure if this is the best route ahead... I'm not sure I want to go to county court without representation.

Yorkie1

edonm wrote: »

I have a no win no fee solicitor willing to take the case (as I have my agreement, evidence of deposit paid etc), but I'm unsure if this is the best route ahead... I'm not sure I want to go to county court without representation.

If you go to county court and it is allocated to the small claims track then you won't get your solicitor fees back. If you do win then the solicitor is likely to take 25% of your award as a fee. Have you thought this through?

Guest101

edonm wrote: »

Are there any updates on this? I have a similar situation, I was a tenant between 2010 - 2013 (in England), and after my LL refusing to return deposit or give details of deductions, I have discovered none of the protection companies have any record of my deposit.

I have a no win no fee solicitor willing to take the case (as I have my agreement, evidence of deposit paid etc), but I'm unsure if this is the best route ahead... I'm not sure I want to go to county court without representation.

Phone your local court and ask if they do it via small claims. U don't real require representation, it's straight forward.

edonm

No, small claims court does not appear to be an option, unless I'm pursuing only the deposit amount and not the fine.

The success fee from the no win no fee solicitor is 20% of the fine (not deposit), and I'm not confident enough going to County Court and representing myself. I'm aware of the risks and the potential liability for expenses etc., but the case is pretty water tight.

Has anyone had any experience going through the court system for failure to protect a deposit? I'm interested in how the original post progressed...

Guest101

Not being funny but if ur using a solicitor ask them

edonm

Not sure what you mean. Do you mean I should ask the no win no fee solicitor who wants the case if they think the right thing to do is to give them the case?

Does anyone have any experience taking a LL to court for failure to protect their deposit? Has anyone self represented?

Thanks again,

benjus

Did you call the court as Guest101 suggested? If they'll take it on the small claims track, I'd just submit the claim online and self-represent. If not, using a solicitor to make sure all the paperwork is completed correctly might not be a bad idea.