Fining Landlord for Non-Protection of Deposits

Barejester

Hi guys,

I am looking for some opinions on taking the current landlord to court over non-protection of our deposit. I’m personally against the idea, however my partner is for it – and whilst we haven’t vacated the property yet, it’s something she has been looking into in more and more detail so as to understand the process for when we do leave at the end of September – our tenancy started in November 2015.

Her reasoning behind it is pretty much vengeance (for lack of a better word). Upon viewing the property, we genuinely liked it, me more so than her, but there were a few issues needed remedying to bring it up to standards – there was a crack in a window (2nd floor apartment so no immediate security issues), the bathroom tiling was poor, the sofa was torn open and one of the living room walls was incredibly poorly painted – our offer to the landlord was made on the condition that these issues were remedied prior to us moving in, to which he agreed via email and phone conversation.

As we were not living in the city prior to moving, we didn't re-inspect before signing the contracts and upon moving in, nothing had been done from the list agreed. This is my argument in a nutshell as to not pursue the landlord – we should have ensured that the requirements that we outlined were met, we didn't therefore it’s our own fault, and as the issues don’t make the property inhabitable or don’t really take anything away, we’re not at a loss.

We've both enjoyed our time in the property, although it took her a bit longer to get used to it and there were several months of calling the landlord once a fortnight for updates on the repairs (still not been completed a year later) before she gave up altogether.

Appreciate I am writing this from my perspective – so I'm probably playing down her thoughts, she was genuinely disappointed by the lack of action, and my telling her to get over it, these things happen, lessons learnt, didn't help. I guess there is a part of me that can see her point, but I just don’t think punishing the landlord is the right way to go about things – nor do I think it is.

In addition to the lack of deposit protection (only confirmed by visiting the 3 websites), there was no EPC cert, no How to Rent handbook and no inventory. I know the inventory isn’t required, but considering the landlord owns the letting agents – and a quick glance at their website now lists more than 80 properties on for both renting and selling, you’d think being up to date with requirements.

So – wall of text over. Any opinions one way or the other will be taken on board and let’s change her mind (or am I wrong and we should pursue the landlord!).

thesaint

The most telling thing that would make me decide hasn't happened yet.

If you move out and he returns the deposit, I would take the money and move on with my life.

If he doesn't then that's when I start to get even.

AndyBSG

As Saint says, all depends how the landlord handles your leaving of the property.

If he tries to claw deposit money back i'd simply point out to him that he didn't protect the deposit as legally required so he can either return the deposit in full or you'll chase him for the full 3 times value

G_M

There are two issues - unrelated.

1) the repairs.
You had an agreement in writing that these would be fixed (email) and I assume it listed the precise problems. However after

calling the landlord once a fortnight for updates on the repairs (still not been completed a year later) before she gave up altogether.

. That was her/your choice.

Incidentally 'calling' is never the best way to pursue a repairing issue, or a breach of contract. You should have written, and then escallated the matter. You chose not to.

2) the deposit
As thesaint says, wait and see. If the deposit, and any proposed deductions, are dealt with fairly, then move on with your lives.

If not, you have a legal option to fall back on.

See also:

* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new protection (2015)


* Deposits: payment, protection and return

pmlindyloo

Sorry, I disagree with the previous posts.

The rules are there for a reason and if you break them you should have consequences.

This is not a landlord who has rented their house out as a 'one off' but a professional landlord (from what the OP says) who should know better.

How are landlords/letting agents ever going to improve their services if no one holds them to task. This isn't a simple mistake or lack of knowledge.

Apart from not providing an inventory, not doing promised repairs, not providing a EPC certificate this landlord is continuing to operate and rent out properties to all and sundry, presumably using the same slap happy methods. Would you like to rent one of their properties?

Not only would I seek compensation but I would also check which letting agent association they belong to and report to them.

If you are absolutely certain that the deposit is not protected then go for it. You can either write now and ask where the deposit is being held or wait until you end the tenancy.

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

Barejester

Thanks all for the prompt responses and thoughts, will take these into consideration. The return of the deposit appears to be the most logical decider one way or the other - so me and the missus will come to an agreement that that being the deciding factor.

G_M, this is a point for clarity only - where you've said that if the deposit and deductions are handled fairly there is no legal option to fall back on. My understanding was that even if the deposit is returned fairly and agreements all finalised, the option to pursue for penalty is still open. Looking to clarify your wording as this may take the option out of her/our hands if it's all concluded upon the return of the deposit.

EDIT: Apologies - cross posted with Pmlindyloo. Thank you too for your comments.

lewishardwick

I had a very similar situation.

I'd been in the property for a number of years.

Deposit details were never provided (nor could I find them on the various schemes), and he never even arrange for subsequent gas safety checks.

I kept details information of e-mail correspondence and he was generally a good landlord, replaced the broken oven etc in a timely manner.

We got out full deposit back at the end of the tenancy.

Like above, I decided that the hassle of court proceedings just to spite the landlord was 1) a waste of my time and 2) probably going to be looked at very poorly by the court if you're just doing it out of spite.

Guest101

Barejester wrote: »

Thanks all for the prompt responses and thoughts, will take these into consideration. The return of the deposit appears to be the most logical decider one way or the other - so me and the missus will come to an agreement that that being the deciding factor.

G_M, this is a point for clarity only - where you've said that if the deposit and deductions are handled fairly there is no legal option to fall back on. My understanding was that even if the deposit is returned fairly and agreements all finalised, the option to pursue for penalty is still open. Looking to clarify your wording as this may take the option out of her/our hands if it's all concluded upon the return of the deposit.

EDIT: Apologies - cross posted with Pmlindyloo. Thank you too for your comments.

G_M didn't say that.


You aren't 'fining' the landlord, you're seeking punitive damages.


I agree with PM on this, rules have been in place long enough now. So I'd press ahead with legal action

Miss_Samantha

pmlindyloo wrote: »

The rules are there for a reason and if you break them you should have consequences.

And that reason is to prevent landlords from unfairly pocketing deposits.

Hence thesaint's post.

G_M

Barejester wrote: »

G_M, this is a point for clarity only - where you've said that if the deposit and deductions are handled fairly there is no legal option to fall back on. My understanding was that even if the deposit is returned fairly and agreements all finalised, the option to pursue for penalty is still open. Looking to clarify your wording as this may take the option out of her/our hands if it's all concluded upon the return of the deposit.

Apolgies if my wording was not clear.

The legal option is there, for up to 7 years from the tenancy end date, whatever happens.

I was simply suggesting that "If the deposit, and any proposed deductions, are dealt with fairly, then" I would advise forgetting the lack of registration and move on with your lives.

As Miss S points out, the registration rules, and penalty, were introduced by Parliament to crack down on LLs who make unjustifed deductions.

Guest101

I view it similar to speed limits.

Brought in to prevent accidents, but if you speed it's not a reasonable excuse to say 'well I didn't crash'.