Late deposit protection of my deposit by my landlady... Small Claims Court?

WombleBat

On our rental before last we had issues with deductions on checkout, cobwebs etc culminating in total loss of deposit (They literally sent me two photos of cobwebs, 1 dusty lampshade and a mark on the wall).

The LL protected 8 days later than they should have done so we got order for return of full deposit (Already instructed by the protection scheme) and x2 penalty.

The law is there for a reason if the LL cannot be bothered to abide by it then they need to be prepared for ramifications!

Our current one was protected 4 days late and was 5k, I fully intend to seek penalty again but most of deposit was returned minus some fair deductions which we agreed so expect x1 but we'll see.

Jerome_TFB

WombleBat wrote: »

On our rental before last we had issues with deductions on checkout, cobwebs etc culminating in total loss of deposit (They literally sent me two photos of cobwebs, 1 dusty lampshade and a mark on the wall).

The LL protected 8 days later than they should have done so we got order for return of full deposit (Already instructed by the protection scheme) and x2 penalty.

The law is there for a reason if the LL cannot be bothered to abide by it then they need to be prepared for ramifications!

Our current one was protected 4 days late and was 5k, I fully intend to seek penalty again but most of deposit was returned minus some fair deductions which we agreed so expect x1 but we'll see.

Thanks Womblebat!
wow 2x for 8 days late??
I wouldn't have thought that they would give such a high penalty for just a few days late... Even I find it rather steep... But your LL clearly tried to screw you over the deposit, so they got what they deserved.

Is that OK if I contact you in private to get advice on the N208 form?

Did you mention the deposit dispute and the fact that LL tried to keep the whole thing etc?

Jerome_TFB

Hi Everybody,

I thought I should update this.
So what has happened since my last post (almost 2 years ago)?
Well: not much. I have gathered everything, I have found templates online etc, however I got cold feet. I could not bring myself to take her to court.
However, one day I got a flyer through my mailbox, about a no win no fee company "specialised" in deposit disputes. So I contacted them.
They charge 20% of whatever's awarded + £150 insurance (I do not know either).
https://www.checkmydeposit.co.uk/terms-and-conditions

Sadly, they told me that they could not do anything (read cannot be bothered) if they didn't have the current LL address.

But after this I started looking into similar companies offering "no win no fee", and have settles for https://www.depositclaimsuk.com.
They only take 20% of what's awarded (nothing more)
They told me that they didn't care about the fact that I do not know her address, they said they can use her last known address (ie what's on the tenancy agreement), but also have means of chasing down people.
They have a team of people dealing with this all day long, and a chat with them on the phone encouraged me. I thought that I'd rather get 80% of something rather than 100% of nothing.
They reviewed my case, and acknowledged that the LL was in the wrong, and have contacted her again, (going through the official process, even if I started this). She is denying everything, as expected.

So at the moment, I am waiting, they have sent the final stage letter to her and the estate agent who apparently is jointly liable.They are waiting for their reply (I guess out of court negotiation).

And that's where I am at.

I am no lawyer, so it turned out that it was too daunting for me to pursue. I am sure these no win / no fee guys put very little work, as the process is very streamlined, using templates etc, but it does offer comfort.

I shall keep you all posted.
Any money would be welcome, as I am not looking into buying a property (shared ownership most probably as London is silly expensive).

To be continued...

G_M

I'm amazed and disappointed.

a) that you did nothing for 2 years, despite 113 posts of advice

b) that you resurrected the matter after 2 years

c) that you are using a money-grubbbing company for such a simple matter that could have been done and dusted long ago.

By the time you have fully briefed these people, and provided them with all the facts, dates and evidence they need, you might as well have filled in the court forms yourself.

Having said that, it's always nice to get updates, so let us know how it turns out.

EachPenny

Jerome_TFB wrote: »

I feel like I should stand up in the name of tenants, and make her "pay" for her bad behaviour as a landlady.

Perhaps you should have donated £100 to Shelter instead and then forgotten all about it.

Although the LL is technically in the wrong, using a company like this to bring a claim after all this time for the sake of a (debateable) 2 day delay in protecting the deposit is really not using the legal system in the way it should be.

The net effect of this type of claim (not singling you out) is that things will get worse for tenants, not better. Landlords will become even more inflexible and someone (and we know it won't be the landlords) will end up paying for the claims company profits.

brentcloning

EachPenny wrote: »

Perhaps you should have donated £100 to Shelter instead and then forgotten all about it.

Although the LL is technically in the wrong, using a company like this to bring a claim after all this time for the sake of a (debateable) 2 day delay in protecting the deposit is really not using the legal system in the way it should be.

The net effect of this type of claim (not singling you out) is that things will get worse for tenants, not better. Landlords will become even more inflexible and someone (and we know it won't be the landlords) will end up paying for the claims company profits.

Citation needed.

Pixie5740

EachPenny wrote: »

Although the LL is technically in the wrong, using a company like this to bring a claim after all this time for the sake of a (debateable) 2 day delay in protecting the deposit is really not using the legal system in the way it should be.

Not technically but legally wrong and the OP has 6 years to file a claim. However, I think if (s)he hasn't done it by now and finds the process too daunting even though the whole point is that anyone can bring a claim themselves without the need for legal representation is might be time to let it go.

Jerome_TFB

G_M wrote: »

I'm amazed and disappointed.

a) that you did nothing for 2 years, despite 113 posts of advice

Not that I really need to explain myself, but I have had some personal things going (change of job, and other matters), I am not the only person "suing", so had to coordinate with another person etc etc.
Finally, and I will repeat myself: I don't consider taking someone to court as a "simple" matter, regardless on how easy the process is. I see it as a big thing.
I am glad I got all the posts to help me making up my mind.

G_M wrote: »

b) that you resurrected the matter after 2 years

Well, legally I have 6 years to pursue the matter.
I decided to resurrect the subject for 2 reasons:
- because there are 113 posts
- because when I was looking for help and advice, I could not really find much on forums... So I think this one might help someone else.

G_M wrote: »

c) that you are using a money-grubbbing company for such a simple matter that could have been done and dusted long ago.By the time you have fully briefed these people, and provided them with all the facts, dates and evidence they need, you might as well have filled in the court forms yourself.

I know it is simple. I had filled all the form (N208 and all that), gathered all my evidence, but I simply couldn't bring myself to press "send".
These companies, while making a quick buck, do provide experience, and bring comfort to people like me who are intimidated by the prospect of going to court.

G_M wrote: »

Having said that, it's always nice to get updates, so let us know how it turns out.

Glad to read something nice finally!

I thought I owed it to people here to update. I will keep you posted.

Jerome_TFB

EachPenny wrote: »

Perhaps you should have donated £100 to Shelter instead and then forgotten all about it.

I will give to Shelter when (if) I get something from the court. And sorry, I cannot forget about it. This woman was horrible, and I thing going through this will make her up her game.

EachPenny wrote: »

Although the LL is technically in the wrong, using a company like this to bring a claim after all this time for the sake of a (debateable) 2 day delay in protecting the deposit is really not using the legal system in the way it should be.

I disagree.
The law changed. Originally LL had 14 days to protect the deposit. The law changed to 30 days, so there isn't really any excuse to protect it late. The delay is not debatable, it is fact.
But do not forget that she also never provided us with the prescribed info, so she failed on 2 accounts.

EachPenny wrote: »

The net effect of this type of claim (not singling you out) is that things will get worse for tenants, not better. Landlords will become even more inflexible and someone (and we know it won't be the landlords) will end up paying for the claims company profits.

Again, I disagree. A bad LL will always be a bad LL. Only things like these will make them up their game.
Since then, I have moved to a different place, and the LL is great. Really nice chap, very responsive, perfect. To be honest, I do not know whether he protected the deposit on time (I know it has been protected), and I will not even dream of suing him for a few days or whatever. Because he is great, and doesn't deserve any trouble. He does his job well, so that is it.

So I do not think I "clog" the system with petty claims. I feel like I am helping future tenants, and giving back to that nasty LL a piece of her own medicine. And she might even contribute towards the deposit of my future home...

Jerome_TFB

Pixie5740 wrote: »

Not technically but legally wrong and the OP has 6 years to file a claim. However, I think if (s)he hasn't done it by now and finds the process too daunting even though the whole point is that anyone can bring a claim themselves without the need for legal representation is might be time to let it go.

Well, I couldn't let it go, and as you said I have 6 years. This is frankly my last shot, so we'll see how it goes...
You might not hear from me for another few months, I assume that the process is going to take a while (I have started it about 6 weeks ago already)