Compensation and DPS

tpbullets

Hi Guys,

I had a flat in London which was a Short term tenancy.

My contract was 6 months, but they wanted me to leave early so we came to a settlement that they would pay me my agency fee before I left and the Compensation amount of £2,000 the day I left. I have a contract for this, in which they stated they would do so on the day I left and they said if the landlord refuses to pay, they will act as guarantors

Well I left on the 17th and they haven't paid and no is willing to speak to me about it.

On top of this, My deposit is also now in a DPS scheme. However, they didn't protect this deposit until after 3 months and I found out when I said I wanted the deposit ID number when they told me they wanted me to leave.

Am I able to issue a small claims for both £2000 compensation and not protecting the DPS fee at the same time.

The deposit was £1000 and it says you can sue up to 1-3 times the amount. How much should I go for? 3 times?

Reason I ask is, if I go for 3 times plus the deposit back, that would be £4000.

Plus my £2000 compensation means, i would technically be suing for £6,000 which means legal costs £410 rather than £170 or something which is up to £5k.

Can someone help me, I am so stressed out that they basically lied to me about giving me this money and I've had to pay a load of money for my new place that I've had to borrow money.

Finally, what happens if I pay my legal fees tonight and they pay me the money tomorrow? do I get my money back or will they have to pay it?

I feel i deserve so much more from these guys, because of how they have handled this. They have even blocked my mobile number so I can't speak to them

Thanks

pinkshoes

Why not just send them a letter before action giving them 14 days to return your deposit in full, and pay the £2000 agreed for you moving out early at their convenience, and if they fail to pay, you will take them to court for the £2000, as well as suing them for 3x the deposit for failing to protect it within the legal time frame, as is their legal duty?


What legal fees?

tpbullets

pinkshoes wrote: »

Why not just send them a letter before action giving them 14 days to return your deposit in full, and pay the £2000 agreed for you moving out early at their convenience, and if they fail to pay, you will take them to court for the £2000, as well as suing them for 3x the deposit for failing to protect it within the legal time frame, as is their legal duty?


What legal fees?

Because I want £2000 compensation as agreed for terminating the contracting, plus my deposit, plus my 1-3 times for not protecting it.

As for legal fees.

https://www.gov.uk/make-court-claim-for-money/court-fees


Claim amount Sending form to court centre Using Money Claim Online
Up to £300 £35 £25
£300.01 to £500 £50 £35
£500.01 to £1,000 £70 £60
£1,000.01 to £1,500 £80 £70
£1,500.01 to £3,000 £115 £105
£3,000.01 to £5,000 £205 £185
£5,000.01 to £10,000 £455 £410

G_M

tpbullets wrote: »

..... we came to a settlement that they would pay me my agency fee before I left and the Compensation amount of £2,000 the day I left. I have a contract for this, in which they stated they would do so on the day I left and they said if the landlord refuses to pay, they will act as guarantors

Well I left on the 17th and they haven't paid and no is willing to speak to me about it.

So go to court and claim £2000

On top of this, My deposit is also now in a DPS scheme. However, they didn't protect this deposit until after 3 months ....
So go to court and claim 3 times penalty

Am I able to issue a small claims for both £2000 compensation and not protecting the DPS fee at the same time.
Yes

The deposit was £1000 and it says you can sue up to 1-3 times the amount. How much should I go for? 3 times?
You claim 3 times. The court will decide how much to give you if you win.

Reason I ask is, if I go for 3 times plus the deposit back, that would be £4000.
Correct

Plus my £2000 compensation means, i would technically be suing for £6,000 which means legal costs £410 rather than £170 or something which is up to £5k.
Correct (nothing 'technical' about that - you would be claiming £6K). If you wish to reduce the court fees by claiming a lesser amount, that is your choice).

Can someone help me,
What help are you looking for?

Finally, what happens if I pay my legal fees tonight and they pay me the money tomorrow? do I get my money back or will they have to pay it?
Once you submit your claim to court and pay the fees, the defence will need to pay the costs as well as the claim, unless you agree to drop your claim in return for a lesser amount (eg to save yourself the stress and time of continuing the court action)

I feel i deserve so much more from these guys, because of how they have handled this. They have even blocked my mobile number so I can't speak to them

Thanks

Stop phoning. Write.

Use letters addressed to the landlord at the address provided "for the serving of notices".

Step one is a "Letter Before Action" - have you sent one yet? Or have you just been making pointless phone calls?

* Deposits (payment, protection and return)

stator

You're right, those agents sound like a typical bunch of explotitive liars, but I'm not surprised.

Writing a letter before action:
http://www.adviceguide.org.uk/england/consumer_e/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/consumer_taking_court_action_e/step_one_write_a_letter_before_action.htm

dimbo61

"but they wanted me to leave early "
You have got this in writing of course ?

Pixie5740

dimbo61 wrote: »

"but they wanted me to leave early "
You have got this in writing of course ?

And do you have anything about the £2k compensation for leaving early in WRITING?

tpbullets

Pixie5740 wrote: »

And do you have anything about the £2k compensation for leaving early in WRITING?

Yes, I have both their letter telling me I have 4 weeks to leave the property.

I also, have a contract they sent me saying they will pay £2,000 compensation and the Agency acts as a guarantor for this being paid.

However, I've learnt something new last night which I wasn't aware was the issue.

I've never actually spoke to or know who the landlord is. It was all done through the agency and they refused to provide me with information when I called and asked.

I know this may not be a problem for getting the £2,000 compensation as the agency said they would act as a guarantor.

But, I understand that for the DPS claim, I must address this to the landlord. Even though I know the agency put my money into the DPS (late).

Is there anyway I can get this information? I can't imagine the agency will tell me it, as I have now left the property.

Is there anyway I can obtain this, and what happens if the landlord is living abroad?

Thanks for your help before guys. Much appreciated.

stator

What exactly does your tenancy agreement say about who the Landlord is and what address should be used for serving notices?

tpbullets

my contract does not mention the landlord.

It just lists the letting agency.

tpbullets

G_M wrote: »

Stop phoning. Write.

Use letters addressed to the landlord at the address provided "for the serving of notices".

Step one is a "Letter Before Action" - have you sent one yet? Or have you just been making pointless phone calls?

* Deposits (payment, protection and return)

Thanks for this.

One important thing I need to know regarding the DPS. I can ask for it back now that I have left. Shall I leave it in there to make the claim or shall I request it now and then sue them after for not protecting it.??

Thanks