Are there any known cases of suing LL for 3 x the amount of an unprotected deposit?

Gonzo1987

As per the title suggests.

As some of you are aware my deposit was not protected when my tenancy began, and still hasn't been. My LL is becoming increasingly difficult to deal with - had to move out the property early to accommodate decorators (13 days early), have been told it's not clean enough even though check out hasn't even taken place (my LL is not even here, hasn't been to the property) + decorators now in situ + various other issues including continuous phone calls, emails and now emails from other family members.

I can see there being a battle over my deposit, but is there any proof of successful cases in court where the T has been awarded the return of deposit? I.E Is this worth pursuing or will I just be £155 down on the court fees?

stator

Famously Superstrike vs Rodrigues, that applied to a failure to protect a deposit when an AST became SPT

If your tenancy began when deposits had to be protected and it hasn't been done then it should be a fairly simple case

Gonzo1987

I was aware of superstrike, but knew it was slightly different, because that's prescribed info and tenancies changing, I have always signed a new AST each year.

Looks like it would be worth pursuing. This whole thing has been exhausting, part of me wants to just walk away and forget about it, but my deposit is in excess of £1k...thats a lot of money to lose.

Pixie5740

Getting your deposit back isn't the same things as suing for non-protection. If all you want back is your original deposit then once your tenancy ends write it your LL asking for it back. If he won't return it then send him a letter before action. In many cases just letting your wayward LL know that you know you could sue him for not protecting your deposit is enough to prompt them into action.

See Shelter's guide to reclaiming your deposit and claiming compensation. It includes sample letters before action.

http://england.shelter.org.uk/get_advice/tenancy_deposits/getting_your_deposit_back/tenancy_deposit_compensation_claims

Gonzo1987

Well I'm not fussed about the compensation side of things really, but my understand was it was up to 3 x the amount - that wasn't a given figure so it could be anywhere between the deposit amount or up to 3 x

My LL is abroad, I have no UK address, so can I still pursue through the courts?

Pixie5740

If you choose to sue for non-protection and the court sided with you then you will be awarded 1 to 3 times your deposit as compensation. This is over and above the deposit itself.

Is there an address in your tenancy agreement for the serving of notices? If so is that address in England or Wales?

Gonzo1987

I can't find my tenancy agreement, and despite asking for a copy several times have only been given a copy of the inventory, which has the abroad address on it. I know there is an address in the UK but not sure exactly what it is, i don't suspect it was on the TA either.

G_M

Unless you were given, in writing, an addres in England /Wales for serving notices, you could have saved yourself a lot of money as you do not need to pay rent. Any rent - at least until the address is provided. Bit late now!

Without a UK address, suing will be difficult. Where will you serve court papers? How will you pursue the debt after you win in court? (That is, of course, one reason the law insists LLs must have an addres in E/W!)

I don't see why you think Superstrike might not apply. That was a much less certain case than yours, and the tenant won.

To get your deposit back you'll have to either negotiate (which seems doomed to failure) or go to court.

If you go to court for the deposit, you might as well claim the penalty as well!

Where did you pay your rent? An agent in UK? Friend of the LL? Sue them as joint defendants.

If you paid the LL direct (ie into his bank each month) watch out for HMRC - they could chase you for the LL's tax!


HMRC (Non Resident [= overseas] Landlord Scheme)

Gonzo1987

I can find a uk address, the ll would provide it I am sure. I was paying LL direct no agent. I looked into tax today, but my understanding is the rules are different if the property is in a trust which I understand this is.


looks like court is going to be the only way!

theartfullodger

If the property was in a trust surely the trust was named as the landlord: rather than any human.

Pixie5740

It's not foolproof but you can pay £3 to the land registry to find out who owns the property, the LL or a trust.