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

pinkshoes

Seriously?

If you really want to take action, why not just write to the LL giving her 7 days to return the additional £100 from the deposit, otherwise you will take her to court for 3x the deposit for not protecting it within the required time limit.

I think a judge would consider you petty.

dagnyjuel

I asked myself the same question - but then I really liked the flat, liked the area and my neighbours and wanted to save money for the deposit to buy my own flat.... either way - I'm out now and very happy to be out! I am just really worried that I will not the get the deposit back from the landlady

Jerome_TFB

dagnyjuel wrote: »

I asked myself the same question - but then I really liked the flat, liked the area and my neighbours and wanted to save money for the deposit to buy my own flat.... either way - I'm out now and very happy to be out! I am just really worried that I will not the get the deposit back from the landlady

You can always dispute their decision with the ADR.
Do you have pictures of when you moved in and out? was there a professional inventory done?

If you follow Pixie's link, you will find template letters from Shelter for asking the return of the deposit as well as the fact that they did not protect your deposit on time. This will probably be enough to get the whole of your deposit back.
Then, if she protected your deposit late, you are in the same situation as me, and have a chance to get compensation. Did she give you all the info required regarding the deposit protection? Because in my case she didn't, and in the eyes of the law this is an offence.
Our landladies had previous tenants, which means that they should know better.

I guess that no one on this forum took their landlords to court (or maybe I am just too impatient). I have 6 years to pursue this matter, but I'd rather be done and dusted with it. But I will certainly send the template letter and see where it goes.
If I go to court etc, I will post here to tell my story.

Jerome_TFB

pinkshoes wrote: »

Seriously?

If you really want to take action, why not just write to the LL giving her 7 days to return the additional £100 from the deposit, otherwise you will take her to court for 3x the deposit for not protecting it within the required time limit.

I think a judge would consider you petty.

I see things differently.
If the law says 30 days, it is not 32 days. If the law says that you must send info to your tenant, then, that's the way it is.
She did not do what she was the law requires her to do, and brought this upon herself simply by being a bad landlady & a nasty person,by making our life hell and trying to keep our deposit for no valid reason.

I am not sure a judge would see me as petty, when they will see her attempts to keep our deposit, trying to sway the inventory company, and making false claims to the DPS (which were confirmed to be flase by the inventory guy).
And at the end of the day, even if they think I am, she broke the law by not doing what the law requires her to do. So whether I am petty or not, she is in the wrong...

I will send her the letter and see what she says.

dagnyjuel

Thanks a lot @Jerome_TFB - it really sounds like we've been renting from the same landlady I will try all the links and I really hope it will lead somewhere! good luck to you and would be great to hear if you have taken any action and what the outcome was!

Jerome_TFB

Just for info, I found this interesting info on the RLA (Residential Landlords Association) website:
http://www.rla.org.uk/landlord/newsletter/february2012/page2.shtml
http://www.rla.org.uk/landlord/newsletter/february2012/page1.shtml

According to the law, 30 days is 30 days. whatever the excuse might be, they will have to pay at least 1 time the deposit.
So "pettiness" is not a factor in the eyes of the law.

Also, it states that the landlord must provide the leaflet of the scheme they use.

In my case, I saw that some of the info about the deposit scheme is included in my tenancy agreement, but it is generic, and not DPS' specific procedure (especially in case of a dispute over the deposit).

I have now sent her the "letter before action" earlier in the week. She still has not replied (she has about 2 weeks to do so), so I guess she is doing some reading herself.
I am now in motion to take this all the way, as it is clear that I am within my rights.

Guest101

No-one said you weren't I don't think (or if they did they were corrected)


Just wondering if you have the finances necessary to win? (approx. £1000)

Voyager2002

Taking someone to court is not daunting, at least not with the small claims track. It is, however, expensive. So get hold of the booklet about exemption from court fees and study it carefully to see whether you can reduce these costs.

My experience: I did once send a formal 'letter before action' to a landlord (through the letting agency) and as a result they substantially reduced the amount they were deducting from my deposit. This result was interesting since the landlord (a relative of the agent) just happened to be a judge!

In this situation I think it will be obvious to the judge that you have brought the case in order to seek revenge against your landlady rather than about the time when the deposit was protected, so that would be seen as an abuse of the court process. You might still win, but in court anything can happen, and that is particularly true of the 'small claims' track, where judges are supposed to make decisions that are fair and reasonable rather than being bound by all technical details.

Jerome_TFB

Guest101 wrote: »

No-one said you weren't I don't think (or if they did they were corrected)


Just wondering if you have the finances necessary to win? (approx. £1000)

it is in the region of £300 / £500

Jerome_TFB

Voyager2002 wrote: »

Taking someone to court is not daunting, at least not with the small claims track. It is, however, expensive. So get hold of the booklet about exemption from court fees and study it carefully to see whether you can reduce these costs.

In the small claims, the fees depend on how much you are asking to be compensated. In my case it is in the region of £300 / £500

Voyager2002 wrote: »

My experience: I did once send a formal 'letter before action' to a landlord (through the letting agency) and as a result they substantially reduced the amount they were deducting from my deposit. This result was interesting since the landlord (a relative of the agent) just happened to be a judge!

If things can be sorted out of court, that's great.
If not, I'll add my court costs to my claim (which I am allowed to do)

Voyager2002 wrote: »

In this situation I think it will be obvious to the judge that you have brought the case in order to seek revenge against your landlady rather than about the time when the deposit was protected, so that would be seen as an abuse of the court process. You might still win, but in court anything can happen, and that is particularly true of the 'small claims' track, where judges are supposed to make decisions that are fair and reasonable rather than being bound by all technical details.

It will not be considered as abuse of the court process, because the landlady remains in the wrong. She has had previous tenants (which she did not have any address for and had no contact details, meaning that it didn't go great), and should know better.
The law states 30 days. It is as simple as that. This value is not "negotiable" or flexible. it is what it is. She paid late, she is at fault. There is no abuse here.
If you read the links I posted, you will see that there is no "exception" to that rule. So my motives are irrelevant anyway. Had she played by the rules, we would not be here. She has been a bad landlady, and has sought revenge on us with our deposit.
I am sure if a judge see my "vengeful" attitude, they would note hers too.

Their playfield is on the amount of penalty they charge. The minimum is 1x deposit, max 3x.
If we end up going to court, I will ask for 3x, and get whatever I get (which should be minimum 1x)