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Problems with landlord returning deposit

13

Comments

  • I don't get it....you mean I can sue because she didn't protect deposit in time?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    That's exactly what topdaddy means. You don't even have to go through with it. You just the LL know that you could and that might enough for them to stop messing about and return your full deposit.

    That's what the big deal about protecting the deposit on time is.
  • Unfortunately I don't think so. I emailed her stating that the DPS confirmed with me that she had failed to protect the deposit within the correct time and her response was basically still 'so what?'

    She said she had 'taken advice' from the DPS on the matter.
  • benjus
    benjus Posts: 5,433 Forumite
    Part of the Furniture 1,000 Posts
    Unfortunately I don't think so. I emailed her stating that the DPS confirmed with me that she had failed to protect the deposit within the correct time and her response was basically still 'so what?'

    She said she had 'taken advice' from the DPS on the matter.

    Read the law for yourself - this is more authoritative than anything she claims she heard from the DPS...

    http://www.legislation.gov.uk/ukpga/2004/34/section/214

    Note that some of the points have been changed, as specified here:

    http://www.legislation.gov.uk/ukpga/2011/20/section/184/enacted
    Let's settle this like gentlemen: armed with heavy sticks
    On a rotating plate, with spikes like Flash Gordon
    And you're Peter Duncan; I gave you fair warning
  • How easy/stressful is it to actually sue though?

    And would we be likely to be awarded any compensation in reality?
  • topdaddy_2
    topdaddy_2 Posts: 1,408 Forumite
    How easy/stressful is it to actually sue though?

    And would we be likely to be awarded any compensation in reality?

    Minimum of one times the deposit, maximum of three times. Its worth doing, your LL is calling your bluff. Fair enough but the law is on your side.
  • Thanks topdaddy. She did not seem to be aware of the requirement to register my deposit within 30 days. She sent me an email saying oh well it's ok because I did it eventually.
  • benjus
    benjus Posts: 5,433 Forumite
    Part of the Furniture 1,000 Posts
    You need to decide for yourself what you want out of this. You might decide to accept the return in full of the deposit as sufficient - or you might want to pursue the penalty regardless (she has a lot to lose as if you win she will be liable for your costs as well).

    Even if you just want the deposit back, making her aware that you could sure for the penalty but would settle for the return of the deposit could be very persuasive to her.
    Let's settle this like gentlemen: armed with heavy sticks
    On a rotating plate, with spikes like Flash Gordon
    And you're Peter Duncan; I gave you fair warning
  • tell her you are going to take it to arbitration.
  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    benjus wrote: »
    You need to decide for yourself what you want out of this. You might decide to accept the return in full of the deposit as sufficient - or you might want to pursue the penalty regardless (she has a lot to lose as if you win she will be liable for your costs as well).

    Even if you just want the deposit back, making her aware that you could sure for the penalty but would settle for the return of the deposit could be very persuasive to her.

    Or maybe twice deposit (deposit plus again), to save you 6 months and increased stress of going to court, and allow both of you to get on with your lives.

    That would be an offer with the agreement that no further action was to be taken IMO.

    It's up to you what you want to do.
    💙💛 💔
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