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Forgot to put tenants deposit into the deposit scheme
Comments
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complete rubbishPay back the deposit and do nothing else. If it went to court there’s every chance a judge would find it difficult to award punitive damages when the claimant can prove no loss, no matter what the law says. Small claims is a lottery.
the law is very clear in respect of the award for non protection, the court must (not may, must) award a minimum of 1x the value of the deposit as a penalty. At the discretion of the judge the court may award more, up to the max value of 3x the value of the deposit.
"Losses" play no part in it0 -
Wrong.Pay back the deposit and do nothing else. If it went to court there’s every chance a judge would find it difficult to award punitive damages when the claimant can prove no loss, no matter what the law says. Small claims is a lottery.
It's not a 'small claim' for a loss. It's a claim for a penalty for failure to register a deposit. A court has no option but to award a penalty. The only issue is how much.
Hence we are asking
* how much the renat is currently demanding
* how much the deposit was (and hence the minimum penalty)
* how much the tenant might agree to accept in lieu of court action
* how much the maximum penalty might be (3 times)0 -
Quite:
It's a penalty not compo...0 -
0
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I'm afraid she will have to pay at least some of what they're demanding.
They'll have to hope they never need a reference from her, which I presume they think won't ever happen...There is no honour to be had in not knowing a thing that can be known - Danny Baker0 -
What else has the Land lord forgotten?? Gas safety checks? HMRC declaration?? being a LL is a job as well and if she has her hands full, maybe time to sell or use an agent?"It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0
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