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Deposit Protection
Comments
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As for reasons to change:
Well, isn't the onus on the landlord to prove that they have 1) deposited it withing 30 days and 2) provided all necessary info to me. - Not strictly no. You are taking the case to court. You must prove certain elements.
OK, I am getting confused here. How can I prove I have NOT received something?:question:0 -
I think you're a bit confused...
If the landlord wanted to serve you with a S21, then he wouldn't be able to do so until he'd returned the deposit in full IF he failed to protect it within 30 days or provide you with the PI.
You would then be able to take him through the small claims court for 1-3x the deposit amount as a penalty for failure to protect.
If YOU give notice, it doesn't mean the Landlord has to return your deposit in full at all and he would be silly to do so if he was planning to deduct for any reason; he'll just have to follow the rules of the deposit protection scheme.
If you don't believe he protected it at the start you could then file a claim with the court. I don't believe there is any penalty for failure to provide PI, except the inability to serve a S21 without having to return the deposit in full first.0 -
A letter from whom? What did it say exactly?When the contract got renewed in 2012, I received a letter in post about my deposit being submitted to DPS (dated Oct 2012)0 -
I think you're a bit confused...
If the landlord wanted to serve you with a S21, then he wouldn't be able to do so until he'd returned the deposit in full IF he failed to protect it within 30 days or provide you with the PI.
You would then be able to take him through the small claims court - not small claims track, except in a few select courts - for 1-3x the deposit amount as a penalty for failure to protect.
If YOU give notice, it doesn't mean the Landlord has to return your deposit in full at all and he would be silly to do so if he was planning to deduct for any reason; he'll just have to follow the rules of the deposit protection scheme.
If you don't believe he protected it at the start you could then file a claim with the court. I don't believe there is any penalty for failure to provide PI, except the inability to serve a S21 without having to return the deposit in full first.
The OP can claim the penalty for failure to provide PI, and as has been said it would likely be 1x the deposit value, HOWEVER the OP needs to contact all the schemes and get it in writing that the deposit wasn't protected. IF it was, then they need to look at the personal details on the scheme, and finally need to decide would a judge believe me?0 -
The OP can claim the penalty for failure to provide PI, and as has been said it would likely be 1x the deposit value, HOWEVER the OP needs to contact all the schemes and get it in writing that the deposit wasn't protected. IF it was, then they need to look at the personal details on the scheme, and finally need to decide would a judge believe me?
Oh yes, you're right... I never knew that!
But the main point still stands... The landlord doesn't have to return the deposit in full, but the thread of filing a claim may be enough for him to do so.
OP, why did you stay for so long in a property if the landlord was so terrible?0 -
Oh yes, you're right... I never knew that!
But the main point still stands... The landlord doesn't have to return the deposit in full, but the thread of filing a claim may be enough for him to do so.
Thats what I am thinking really. But I am thinking of going down the legal route if he doesn't play well - which is what I am expecting to happen unfortunately.
It was a *relatively* new built , so we really didn't have too many issues at the beginning.OP, why did you stay for so long in a property if the landlord was so terrible?0
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