HELP! Unfair charges on Unregistered Deposit. Let Only tenancy that Ended 2010.

booksurr

jjlandlord wrote: »

In your case: 0.

citation required

ed84

Sorry. Property was in London.

Quote from my letter to LL -
"Under the Housing Act 2004 S214, all properties in England and Wales are required to register their tenants' deposits and provide the tenant with certain prescribed information. The Deposit Information Certificate we received from the letting agent, which was also signed by you, stated our deposit was secured by MyDeposits. We have since had confirmation from all 3 government approved Tenancy Deposit Schemes including MyDeposits that our deposit was not in fact registered"

Also quoted -
I might add that in accordance with the Housing Act 2004 Section 214 (4) states the following;
"The court must also order the landlord to pay to the applicant a sum of money equal to three times the amount of the deposit.”

Why would this not be entitled to this? Also, surely there has been some fraud involved here?

benjus

ed84 wrote: »

Sorry. Property was in London.

Quote from my letter to LL -
"Under the Housing Act 2004 S214, all properties in England and Wales are required to register their tenants' deposits and provide the tenant with certain prescribed information. The Deposit Information Certificate we received from the letting agent, which was also signed by you, stated our deposit was secured by MyDeposits. We have since had confirmation from all 3 government approved Tenancy Deposit Schemes including MyDeposits that our deposit was not in fact registered"

Also quoted -
I might add that in accordance with the Housing Act 2004 Section 214 (4) states the following;
"The court must also order the landlord to pay to the applicant a sum of money equal to three times the amount of the deposit.”

Why would this not be entitled to this? Also, surely there has been some fraud involved here?

The Localism Act changed the penalty amount from 3x the deposit to 1-3x the deposit at the court's discretion.

I'm not sure why jjlandlord is saying it's too late to pursue this, but I think he knows these matters better than I do...

jjlandlord

ed84 wrote: »

"The court must also order the landlord to pay to the applicant a sum of money equal to three times the amount of the deposit.”

That's key. The guy ceased to be your landlord in September 2010, and so he's off the hook.

That was changed in 2012, but obviously does not apply to your case.

ed84

Thanks all.

jjlandlord, given that your name has this subject attached, it sounds like you know what you're talking about.

Surely in contract law, past or present should not be an issue?

Can you clarify what was changed in 2012? The localism act?

To be honest, I would like to get my deposit back. There was £400 owing in rent which was deducted but should I try and claim for the whole deposit? I'm not being greedy here but there we're so many problems with the house that the LL didn't attend to so we didn't pay the full rent.

Any monies paid on top would be a bonus!

jjlandlord

ed84 wrote: »

To be honest, I would like to get my deposit back.

Yes, hence my previous piece of advice: "Focus on getting the money back: Send a letter before action demanding it, then start a money claim if they don't pay (and if you think you have a good case)."

ed84 wrote: »

There was £400 owing in rent which was deducted but should I try and claim for the whole deposit?

Now you are starting to sound greedy and unreasonable.

booksurr

jjlandlord wrote: »

That's key. The guy ceased to be your landlord in September 2010, and so he's off the hook.

That was changed in 2012, but obviously does not apply to your case.

where in the localism act has it removed the ability to claim for the penalty after the tenancy has ended? As ignored above, citation required

it is reasonable to advise the OP to focus on return of the deposit as that will be a lot easier but I see no basis for categorically saying it is too late to claim for the penalty since all references i see clearly say it is very possible to do so after the tenancy has ended

fair but blunt

jjlandlord

booksurr wrote: »

where in the localism act has it removed the ability to claim for the penalty after the tenancy has ended.

I didn't say that. I said the exact opposite in fact.

booksurr wrote: »

but I see no basis for categorically saying it is too late to claim for the penalty since all references i see clearly say it is very possible to do so after the tenancy has ended.

It is too late to claim.

ed84

Ok, Thanks all for your advice.

I'll keep you posted!

booksurr

jjlandlord wrote: »

I didn't say that. I said the exact opposite in fact.
It is too late to claim.

you are wrong
fair but blunt