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Landlord late at protecting deposit

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Comments

  • We know, tenants never think about going after the penalty for the money... We're such a virtuous nation.
  • Lemonsqueezer78
    Lemonsqueezer78 Posts: 307 Forumite
    edited 11 September 2016 at 8:59AM
    Stop explaining. You don't need to explain anything to anyone on here. You have had your legal rights explained to you and there are other threads and internet resources available to you explaining what to do if you want to take this further. The rest is just mostly irrelevant noise.

    It is up to you to decide what you want to do.
  • 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.

    Thanks for this :) it states on my original tenancy agreement that I paid this when I moved in and I have confirmed with the company it has only just been protected so hopefully I should be ok
  • Marvel1
    Marvel1 Posts: 7,478 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 11 September 2016 at 9:01AM
    I you want to be landlord you should follow the law etc, go for it.

    Remember f the so called landlord tries to deduct any deposit, appeal the full amount by the protection scheme.
  • OP - give this a read in relation to protecting deposits - http://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_protection_rules

    It may also be worth giving them a ring in relation to your current situation as they may be able to provide further advice

    In relation to compensation for your deposit - I had a previous landlord who failed to protect my deposit in time, so I sued them, and won three times the deposit back,plus the original deposit. It can be done, and thats why the law is there. Its your call, it can and has been done. Good luck!
    ;)
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Gordon Gekko knew humankind well.

    Indeed. I mean if a significant number of landlords hadn't played fast and loose with tenants' deposits and refused to return the deposit at the end of the tenancy there would have been no need for the deposit protection legislation in the first place.
  • Pixie5740 wrote: »
    I mean if a significant number of landlords hadn't played fast and loose with tenants' deposits and refused to return the deposit at the end of the tenancy there would have been no need for the deposit protection legislation in the first place.

    Perhaps. But by that logic there should be such scheme for everything, then.

    At the end of the day there is small claims, which is simple. I think the aim was to relieve courts and please lobby groups.
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