PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Landlord withholding deposit - court costs?

13»

Comments

  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    cinereus wrote: »
    http://www.bailii.org/ew/cases/EWCA/Civ/2010/1224.html
    http://www.bailii.org/ew/cases/EWCA/Civ/2011/604.html

    I apologise, I misremembered - it's not that courts don't award it, it's that the landlord can almost always avoid it so it's pretty much never paid any more.
    Those cases are 2010 and 2011.
  • cinereus
    cinereus Posts: 2,707 Forumite
    Part of the Furniture 1,000 Posts
    AdrianC wrote: »
    Those cases are 2010 and 2011.

    Correct. Are they any less relevant pieces of case law?
  • Vectis
    Vectis Posts: 771 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Dear lord...just do a MCOL for the £150 plus any costs etc you think you're owed, as has been said many times already.

    You seem to be over complicating things. If you think you're owed it, and have evidence to back up your claim, put a claim in.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 7 May 2017 at 3:47PM
    cinereus wrote: »
    Correct. Are they any less relevant pieces of case law?
    Yes.

    The law has been changed twice since then.

    Localism Act 2011

    Deregulation Act 2015


    See the link proided earlier:

    * Deposits: payment, protection and return

    I updated the link following the introduction of both statutes, but as I say, if you can show me any errors, supported by relevant case law or other evidence, I'm always willing to make corrections.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    cinereus wrote: »
    AdrianC wrote: »
    Those cases are 2010 and 2011.
    Correct. Are they any less relevant pieces of case law?
    Even notwithstanding the legislation changes that G_M mentioned, your original statement was...
    cinereus wrote: »
    But as I mentioned, I thought recent case law means that the penalty is never awarded any more anyway?
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.3K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.4K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.