deposit not in dps still not returned

xcakex

I wrote a few weeks ago re my LL not placing Deposit in any DPS scheme. they have admitted they have not done this, I gave them 10 days to pay my deposit back. Its still not arrived.

I have drafted a letter from Shelter website now stating a letter before action asking that my full deposit be returned and an amount for compensation as the courts could award x3 of deposit and they have to cover court costs of £230 to. What amount would I be looking at as it states on Shelter willing to negotiate on compensation offer am i looking half my rent or x1 of my rent on top of my actual deposit amount?

Just after advice from those that have experienced similar please really thought my LL would have issued the deposit back by now as she knows the situ Im in with two young children. To save on the hassle of this.

Pixie5740

The maximum you could be awarded by a court is 3 times the amount of your deposit. As booksurr says the amount of rent you have paid has got nothing to do with it. It's the value of the deposit that is important.

Previous post for reference: Damage Deposit not in DPS

xcakex

Hi thanks yes I understand the maximum the courts award is x3 of deposit amount plus court costs.

When speaking to citizens advice / estate agents they have stated I can request compensation (letter before action) as the have broken the law in not placing the deposit in dps... so in the template letter it states would negotiate on compensation wasnt sure on what figure I look at negotiating as my deposit is £800 and i have been in property 4years.

G_M

so in the template letter it states would negotiate on compensation wasnt sure on what figure I look at negotiating as my deposit is £800 and i have been in property 4years.

the 4 years is irrelevant. The rent is irrelevant.

The penalty as explained several times in your earlier thread is between 1 & 3 times the deposit, plus the deposit itself of course.

Negotiate how you like to save the trouble of going to court.

Or go straight to court.

xcakex

Cheers G_M I get that i cannot go straight to court you need to issue a letter before action letter give them 14 days to comply or then commence proceedings.

The 4 years is in fact relevant as citizens advice have pointed out the LL has gained interest on this amount over the time frame so it would be taken into account and yes I understand its the deposit plus 1 2 or 3 time the deposit paid

I was asking if there's anyone that has gone through this what was there outcome and regarding compensation what do I settle on as ideally I don't want the hassle of dragging this through the courts.

but all info /advice appreciated

yoshiyella

xcakex wrote: »

Cheers G_M I get that i cannot go straight to court you need to issue a letter before action letter give them 14 days to comply or then commence proceedings.

The 4 years is in fact relevant as citizens advice have pointed out the LL has gained interest on this amount over the time frame so it would be taken into account and yes I understand its the deposit plus 1 2 or 3 time the deposit paid

I was asking if there's anyone that has gone through this what was there outcome and regarding compensation what do I settle on as ideally I don't want the hassle of dragging this through the courts.

but all info /advice appreciated

Other than not returning the deposit promptly have they been in your eyes a bad landlord? If not, just ask for the money back with £25 compensation for wasting your time in writing the second letter. Stating in the letter that you will be going for maximum compensation if it does go to court.