Claiming for up to 3 x deposit amount

Claree__x

Morning all.

We recently moved out of a flat after about a year and a half and I suspect my landlord didn't protect my deposit. Honestly, I never thought about it at the time and it wasn't until I thought about getting it back that I realised that I didn't have a reference. I contacted the agent (who acted as a finder, not a management service) who said that 'what they think might have happened' (helpful!) is that they passed the money on to the landlord to protect. Contacted the landlord who said he'd contact the agent and get back to me.

I got a text from him this morning saying that he is having some issues with his agent but if I send him my bank details he'll transfer £550 today as his issues shouldn't stop me getting my deposit back.

I know, from here and general reading, that failure to protect the deposit means I could potentially make a claim for up to 3 x the deposit amount but to me the situation reads that the landlord thought the agent had done it and the agent are pretty incompetent? Seeing as I'm getting my full deposit back today, is it really worth doing?

Guest101

Claree__x wrote: »

Morning all.

We recently moved out of a flat after about a year and a half and I suspect my landlord didn't protect my deposit. - suspect? have you checked? Honestly, I never thought about it at the time and it wasn't until I thought about getting it back that I realised that I didn't have a reference. I contacted the agent (who acted as a finder, not a management service) who said that 'what they think might have happened' (helpful!) - Well they acted as a tenant finding service, so really they were trying to be helpful is that they passed the money on to the landlord to protect. Contacted the landlord who said he'd contact the agent and get back to me. - Sounds like a simple mistake

I got a text from him this morning saying that he is having some issues with his agent but if I send him my bank details he'll transfer £550 today as his issues shouldn't stop me getting my deposit back. - very helpful of the LL.

I know, from here and general reading, that failure to protect the deposit means I could potentially make a claim for up to 3 x the deposit amount but to me the situation reads that the landlord thought the agent had done it and the agent are pretty incompetent? - it sounds like crossed wires Seeing as I'm getting my full deposit back today, is it really worth doing?

It's up to you. Given you are getting it back in full and quickly, really it's a moral question.


But (in my opinion) at best you'll get 1x the deposit back I'd wager, and no reference to boot!

Claree__x

I've checked with the deposit scheme it mentions in my lease, I've not phoned the other ones after the response from the landlord which heavily implies that it's not with those.

Well we paid them the deposit and first month rent so thinking what might have happened to £550+ isn't all that helpful! Ideally they'd know what happened.

I figured it was a moral one really. I have no ill will towards the landlord and honestly, I wasn't expecting my full deposit back so even that is a bonus, so my inclination is to say thanks and leave it at that.

I was just wondering why the right is there? Is it simply to deter landlords from not protecting the deposit? Why would I deserve up to 3 x it back?

Guest101

Claree__x wrote: »

I've checked with the deposit scheme it mentions in my lease, I've not phoned the other ones after the response from the landlord which heavily implies that it's not with those. - But you don't know for sure? So before you pay many hundreds of pounds to a court, just for the LL to provide a perfectly valid defence and claim costs, it might be worth checking?

Well we paid them the deposit and first month rent so thinking what might have happened to £550+ isn't all that helpful! Ideally they'd know what happened. - Right, but they don't. And to be honest even if they did, they aren't obliged to tell you.

I figured it was a moral one really. I have no ill will towards the landlord and honestly, I wasn't expecting my full deposit back so even that is a bonus, so my inclination is to say thanks and leave it at that. - Sounds sensible

I was just wondering why the right is there? Is it simply to deter landlords from not protecting the deposit? Why would I deserve up to 3 x it back?

The right is there for a number of reasons:


1: as you say, to deter LLs
2: to compensate tenants for badly behaved landlords
3: because there was a problem with deposits many moons ago, and this was how the govt decided to solve it
4: many lls go bankrupt, or have properties repossessed and this protects tenants


You don't deserve 3x, and you wouldn't get 3x, BUT there are many bad landlords out there. Some illegally evict their tenants and the courts want as much ammunition as they can get to punish rogues.

Kim72

Just because you can claim something, doesn't mean you should. Sounds like a thoroughly decent LL (from the rapid refund you mentioned). The claim is worth making if you want to profit from someone's unfortunate mistake. However, as you as not losing out financially or being mistreated, it's really a question of whether you are an opportunist. And should you believe in Karma, you may be storing up some back luck for the future.

Pixie5740

Think about it, the law states that the deposit must be protected, if there was no penalty for not protecting the deposit why would landlords bother to do it? Enough still seem to not bother even though it is the law.

The deposit is your (the tenant's) money. It remains your money throughout the tenancy so it's your money the landlords play fast and loose with by not protecting it properly. You're the one who has to take the time to sue (if you choose to) so you get to the keep the penalty (up to 3 times your deposit).

Deposit protection was introduced because too many landlords were taking the !!!! and not returning deposits, making spurious deductions, taking too long to return deposits and generally behaving as though the deposit was their money.

Claree__x

Guest101 wrote: »

The right is there for a number of reasons:


1: as you say, to deter LLs
2: to compensate tenants for badly behaved landlords
3: because there was a problem with deposits many moons ago, and this was how the govt decided to solve it
4: many lls go bankrupt, or have properties repossessed and this protects tenants


You don't deserve 3x, and you wouldn't get 3x, BUT there are many bad landlords out there. Some illegally evict their tenants and the courts want as much ammunition as they can get to punish rogues.

I'm not sure why you're being snide and if it's towards me in particular or just your general nature, but I'll bite.

Obviously I wouldn't apply to court before actually checking the other deposit schemes - I'm not an idiot, I've just not checked for now because I'm waiting for the landlord getting back to me with information about which scheme it is in. You'll also notice I've said UP TO several times, as is the wording of the law [rule? guidance?]

I fully agree with deposit schemes - having rented a couple of times and also been a landlord for a short period - I was just puzzled by the 3 x the deposit as it seems like a big 'reward' in comparison to what is lost - in my case, nothing.

Guest101

Claree__x wrote: »

I'm not sure why you're being snide and if it's towards me in particular or just your general nature, but I'll bite. - snide? I'm being realistic. Are you after advice or do you want someone to reinforce a pre-made decision?

Obviously I wouldn't apply to court before actually checking the other deposit schemes - I'm not an idiot - you posted 39 minutes ago, you could've checked all 3 schemes twice in that time. , I've just not checked for now because I'm waiting for the landlord getting back to me with information about which scheme it is in. - why wait? You'll get accurate advice now, if you just pick up the phone. You'll also notice I've said UP TO several times, as is the wording of the law [rule? guidance?] - apologies, i'll elaborate. it's rare to get 3x the deposit. most claims are 1x, some 2x. 3x is saved for extreme cases.

I fully agree with deposit schemes - having rented a couple of times and also been a landlord for a short period - I was just puzzled by the 3 x the deposit as it seems like a big 'reward' in comparison to what is lost - in my case, nothing.

As I said there's many reasons

Grenage

"If I can get someone else's money, without repercussion - should I?"

You could, but if you believe in Hell, you'll burn in an eternity of hell fire - but not before you spend the rest of your days spurned by your fellow man.

Why on earth would you want to punish a landlord who isn't giving you any grief? I despair.

Miss_Samantha

What is the point of this thread?

always_sunny

Claree__x wrote: »

I was just wondering why the right is there? Is it simply to deter landlords from not protecting the deposit? Why would I deserve up to 3 x it back?

Bluntly said, it almost sounds as if you're looking for some sort of compensation.
The right is that so that LL would not unjustly withhold deposit, but you're not in this case cause the LL is offering your deposit back, so what's the actual problem after that?