Landlord late at protecting deposit

Clairelmr1988

Hi,

I'm after a bit of advice regarding my deposit i paid in regards to my tenancy agreement. I have been living in this property for four years now and never had confirmation of my deposit being protected. It is only since I have given my notice to leave and questioned where my deposit was that my landlord started being shirty with me. Long story short is that I paid my deposit in 2012 and my landlord has only just protected this four days ago after I asked about it. They have provided me with the details but in regards of claiming compensation can you only take them to court for not protecting it within 30 days as applicable by law or because he has informed me of the company he has used within 30 days of protecting it is this now not breaking the law? He has had my deposit for four years which he will have claimed interest for I just don't want to proceeded with court proceedings if I haven't got my facts right. I am under the impression I can as he has not protected it within 30 days off receiving it. Can someone tell me if this is the case please?

Thank you

fishpond

What do you hope to gain by taking the Landlord to court, have you suffered any hardship for which you intend to claim compensation for?

quote "which he will have claimed interest for"--How much interest has been made on your deposit?

Pixie5740

In England and Wales deposit protection legislation had been in place for almost a decade. A decade! It's not particularly onerous to protect a deposit so there's absolutely no excuse for landlords to still be playing fast and loose with the tenant's money. Would landlords be happy if tenants persistently paid the rent late? I don't think so.

The deposit should have been protected within 30 days of the landlord receiving it and the prescribed information issued. As this didn't happen the OP can take the landlord to court and claim compensation which will be awarded as 1 to 3 times the value of the deposit. If I were the OP I wouldn't mention this to the landlord just yet and wait and see if he played silly !!!!!!s about returning the deposit (the OP's money).

Perhaps if more tenants sued then almost 10 years after the legislation was introduced less landlords would still be failing to protect deposits.

Miss_Samantha

He could have protected your deposit whilst keeping it and earning interests on it.

If your deposit is now protected you are in the exact same position as it had been all along.

pinkshoes

Personally I would be reminding him that he did not fulfil his legal obligation of protecting the deposit, so unless he returns 100% of the deposit, you will be suing him for 3X the deposit amount, as is your legal entitlement.

Hopefully you will then get the full deposit back and can move on.

theartfullodger

You'll realise that any s21 notice you have been given will be invalid. Landlord would need to return deposit then issue a fresh s21.

Decide if you want to stay longer or not.

Your landlord is a twit. Parliament has passed law entitling you to stay longer & to sue him for up to 3xdeposit.

You have as much right to do so as he has to evict you using s21 - using the right processes.

Check Shelter's website for details & what to do.

Highly likely the tenancy agreement you signed says he is entitled to any interest (small anyway) - please check & let us know if it does.

People have fought and died to give us the right to abide by the rule of law.

Cheers! Artful (landlord).

Lemonsqueezer78

Your LL should have protected your deposit. He broke the law by not doing this. You are entitled to sue him and you do NOT have to demonstrate any kind of "loss" or "hardship". Protecting your deposit was the landlords legal obligation and this should have been protected within 30 days of the start of your tenancy. As it wasn't (as long as you can clearly prove exactly when your tenancy began and exactly when your deposit was eventually protected) you can take your landlord to court and all you need is to prove it wasn't protected to be awarded anything from 1-3x the deposit amount.

Ignore anyone on here that tries to reason with you or argue "it is not worth it" - or that you shouldn't sue your LL because "you haven't suffered" - or because "revenge is petty". That's all irrelevant. You have the legal right to take them to court and if the facts are as you have described them, you will very likely win. You decide for yourself if it is worth it TO YOU, to do this for the amounts involved.

Lemonsqueezer78

fishpond wrote: »

What do you hope to gain by taking the Landlord to court, have you suffered any hardship for which you intend to claim compensation for?

quote "which he will have claimed interest for"--How much interest has been made on your deposit?

Check the law here please. They will "gain" between 1-3 times their deposit amount under the legal rules related to LL deposit protection and the OP is NOT required to prove any loss or hardship to do this. Not having their deposit held in a protection scheme is deemed "hardship" enough in these cases.

Miss_Samantha

Gordon Gekko knew humankind well.

Lemonsqueezer78

Spoken like a true landlord.

Clairelmr1988

Thanks everyone. I'm not after just trying to take him to cleaners just for the sake of it but I have been a good tennant I have paid my rent on time every month had to put up with a rent increase which was way more than the property was worth which has led me to have to move out as I can't afford it, put up with rotten decking for a year only to have it replaced with an extension that started in November and it yet to be finished. I have a small child and a dog and as a result of this we have been unable to use the garden all summer as there is that much building stuff on there it is not safe, I've never had a carbon monoxide detector nor any gas and electricity certificates and now I am being threatened by them as they are saying I have had a regular lodger living with me which is totally not true so it's a case of claiming Compensation for all I have put up with while this was going on as I don't see it as being fair. They are now also being really nasty with me about my bond in regards of the way in which I am to leave the house yet I was never issued nor signed an inventory to prove how it was before. It was supposed to be cleaned and decorated for when we moved in yet this never got done so I had to spend two weeks doing this myself! It took me a day just to clean the oven!!!