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

Pixie5740

Who do you pay your rent to? Do you pay it directly to the LL or to an agent acting on his behalf?

It would really help if you could find your tenancy agreement.

Gonzo1987

Directly to my LL there is no agent involved. Having moved out I know I haven't got a copy of my TA anywhere!! And despite requesting it several times I've not been sent a copy by my LL.

Pixie5740

Do what Derbyshirechick did except it sounds like you'll need to email your LL because you don't have an address. Getting a UK address will become important if you have to take your LL to court.

As for the tax issue, have you read HMRC's guide to non-resident landlords?

Section 6.2 states:

Tenants have the right to deduct any tax they have to pay under
the Scheme from their rent, or from any other money owing to the
non-resident landlord. They also have the right to recover from
the landlord any tax they have to pay under the scheme where they
did not deduct it from their rent or other money owing.

Gonzo1987

I skimmed it last night, but this was late, so I wasn't taking in the info, that's fine, if I am able to go after the LL.

I'll wait until after check out has taken place, see what they say re: the deposit and then draft a response, I suspect they will want deductions for the carpet (which they have made me remove, so now no evidence) there was some slight damage to one wall (which a decorator has fixed, again prior to check out so no evidence now) and probably cleaning (decorator in the flat after I vacated, but before check out, and property wasn't cleaned by professional prior to start of tenancy..so yeah)

It's all fun and games! So glad I won't be a tenant to anyone anymore!

theartfullodger

btw there are cases in Scotland where the Sheriffs seem to take a more forceful attitude to this offence...e.g.
http://www.edinburghnews.scotsman.com/news/landlord-ordered-to-pay-back-three-times-deposit-1-3072730
&
http://www.tcyoung.co.uk/blog/2014/private-landlord/tenancy-deposit-scheme-scottish-landlord-loses-appeal

Gonzo1987

Thats really interesting - thank you. Hopefully pointing out the facts will enable me to deal with this effectively. There is enough info on the .gov website, shelter and citizens advice that my LL doesn't really have the ability to argue against it.

theartfullodger

NB The law is different in Scotland

Gonzo1987

theartfullodger wrote: »

NB The law is different in Scotland

oh I understand, what I was saying is there is enough literature available for free to anyone in England to know they should be protecting the deposit.

abercrombie

Myself and my partner have recently discovered after 12 months that our landlord still has our deposit and hasn't protected it and he said this is because its too much hassle. He owns the building and apparently no ones deposit it protected. We are due to move so not sure whether we would have a case in court once our tenancy has ended.

[Deleted User]

As far as I know you have a time frame of 6 years after moving out to sue for non protection of deposit.
I am right?
Or is it 6 years from the beginning of the tenancy?