Deposit not protected - help!

gozaimasu

Need to take my landlord to court for not protecting my deposit.

Shenl0101

Why do you want to go to court - just ask for it back and leave the property? Are you worried about something you've done?

DRP

gozaimasu wrote: »

I want to claim 3 x the deposit.

I think the penalty is up to 3x deposit, at a judges dicretion.

e.g. Ifit can be seen that the LL is now trying his best to protect your deposit, and there aren't any other aggravating circumstances, then it might be that the judge decides to only offer 1x

Shenl0101

You wanting to claim 3 x the deposit isn't a reason though?

Shenl0101

You will struggle to get this past a judge if the landlord is now honestly trying to protect your deposit - you've suffered no harm or loss therefore have little to claim. If you want to stay in the property as a tenant then don't annoy your landlord. If you want to leave the property and move on take your deposit back and move.


All very simple.

Pixie5740

1) Your landlord is the one at fault for not protecting the deposit, not you.

2) Your landlord does not require references or an inventory in order to protect the deposit.

I take it you are moving out at the end of your 6 month fixed term and don't intend to remain living in the property after you have sued your landlord...?

Pixie5740

Does this part of the Deregulation Act apply to AST which started before 1st October? I don't know. If it does then you'll be awarded 3 times your deposit (plus deposit back), if not then it will be 1-3 times the value of your deposit.

Pixie5740

And you're moving out in February?

SeduLOUs

Shenl0101 wrote: »

You will struggle to get this past a judge if the landlord is now honestly trying to protect your deposit - you've suffered no harm or loss therefore have little to claim. If you want to stay in the property as a tenant then don't annoy your landlord. If you want to leave the property and move on take your deposit back and move.

Rubbish. The landlord is only 'honestly' trying to protect the deposit now that he's shi****g his pants that he might have to fork out more money for something he should have got right in the first place.

I'll agree that legal proceedings are horribly stressful though, and it might be more sensible to try to ask the landlord for a compromise amount (say full return of the deposit, plus another half of the deposit) in order to prevent you from making a claim which could very well cost him a lot more. Yes, you'll have less money that way but it would be a lot faster and a lot less stressful.

If he wants to waste his own time to do an inventory and referencing now, then let him (as long as there is no cost to you). If anything an inventory this late in the game won't be of much use to him, as any damage etc that he would want to use against you would probably have already happened by now.

However you play it he can't legally evict you until he's given you the deposit back in full anyway (as a S.21 notice would be invalid due to non-protection) so his hands are tied really.

Pixie5740

Then I guess your landlord is about to learn a valuable lesson. Given that he didn't bother to reference you or take a check-in inventory it could have been a much more expensive lesson for him.

mrginge

Shenl0101 wrote: »

You will struggle to get this past a judge if the landlord is now honestly trying to protect your deposit - you've suffered no harm or loss therefore have little to claim. If you want to stay in the property as a tenant then don't annoy your landlord. If you want to leave the property and move on take your deposit back and move.


All very simple.

You have demonstrated a serious lack of understanding.