Deposit problem

G_M

Slithery wrote: »

No.

The amount awarded is decided by the judge on the day.

For example, if the judge concluded the landlord hasd deliberately removed the deposit early, knowing the tenancy was ongoing, then the penalty awarded would probably be near the top end (3 times deposit).

If he concluded it was done in error when the fixed term ended, and the deposit scheme did not realise the tenancy was ongoing, the penalty might be towrds the lower end.

The minmum penalty the court can award is 1 times the deposit (remember, this is the penalty; the depost itself must still be returned in the normal way, subject to normal allowable deductions)

FBaby

It is perhaps the case that the L is using the Insurance Backed scheme

Indeed, that's the only way the LL could have taken the deposit out of the scheme, in which case, it should have been re-protected, so first step before you get your calculator out OP is check that this is indeed the case. Ask for your deposit back when you move and if you get it all back on time and then decide if you really think it is right to go and sue them.

mattpaint

So I've checked on the scheme and they did re-protect the deposit but for a fixed term of another year, which isn't the case. I just want my deposit back - I don't care if they get fined, though frankly they deserve it. Does anyone know if them protecting it as fixed term and not as a periodic will slow things down?

anselld

mattpaint wrote: »

So I've checked on the scheme and they did re-protect the deposit but for a fixed term of another year, which isn't the case. I just want my deposit back - I don't care if they get fined, though frankly they deserve it. Does anyone know if them protecting it as fixed term and not as a periodic will slow things down?

So they did re-protect after all that! Why should they deserve to be fined?

The duration of protection makes no difference. The deposit can be released by agreement or through dispute at the end of tenancy.

Just follow the appropriate scheme process in two weeks time when you move out.

G_M

Good grief!

The deposit is protected. The LL has done nothing wrong.

When the tenancy ends, one or other, or both, of you puts in a claim for its return. The scheme contacts the other for their consent (or for a claim for deductions) and the deposit will either
* be returned in full
* be returned less any agreed deductions or
* go to dispute

This entire thread has been unecessary.

mattpaint

G_M wrote: »

Good grief!

The deposit is protected. The LL has done nothing wrong.

When the tenancy ends, one or other, or both, of you puts in a claim for its return. The scheme contacts the other for their consent (or for a claim for deductions) and the deposit will either
* be returned in full
* be returned less any agreed deductions or
* go to dispute

This entire thread has been unecessary.

Your reply is unnecessarily rude. I do hope you're treated better when you require advice.

G_M

mattpaint wrote: »

Your reply is unnecessarily rude. I do hope you're treated better when you require advice.

The responses I've received in the past have been equally mixed: rude, friendly, helpful, unhelpful.

I think my posts on your thread here have covered all 4 categories!

It's a public forum.

mattpaint

G_M wrote: »

The responses I've received in the past have been equally mixed: rude, friendly, helpful, unhelpful.

I think my posts on your thread here have covered all 4 categories!

It's a public forum.

It's not. It's also clear that if I chose to I could still sue my landlords for the return of my deposit for their scheming with the deposit and having the false tenancy start date on the deposit certificate. I don't wish to do that - but given how they've behaved, I do want the leverage to force them to return my deposit in a timely manner and not mess about as they did with the other tenants. How they handled that is a large part of why I'm leaving. Thank you for your advice.

anselld

mattpaint wrote: »

It's not. It's also clear that if I chose to I could still sue my landlords for the return of my deposit for their scheming with the deposit and having the false tenancy start date on the deposit certificate. I don't wish to do that - but given how they've behaved, I do want the leverage to force them to return my deposit in a timely manner and not mess about as they did with the other tenants. How they handled that is a large part of why I'm leaving. Thank you for your advice.

It is certainly not clear that you could successfully sue your L based on the evidence in this thread, and if you start trying to gain ”leverage” from thin air you are just going to antagonise the situation.

You are two weeks away from leaving, your deposit is protected, so just leave in a professional way, take photos, process your deposit through the scheme and dispute process as necessary. No need for drama at this stage. (and I would agree with G_M, no need for this thread in the first place).

saajan_12

mattpaint wrote: »

It's not.- it's not what.. a public forum? Yes it is, as such you get the benefit of a wide range of people advising, but also have to take their chosen tone.
It's also clear that if I chose to I could still sue my landlords for the return of my deposit for their scheming with the deposit and having the false tenancy start date on the deposit certificate. - you can choose to sue the queen, but it's VERY unlikely you'd win given the deposit has been protected in one way or another throughout the tenancy. I don't wish to do that - but given how they've behaved, I do want the leverage to force them to return my deposit in a timely manner and not mess about as they did with the other tenants. - you have no leverage, the LL has done nothing wrong. The guidance on 'timely' return of deposit is likely longer than you'd like, but there's little you can do about that. How they handled that is a large part of why I'm leaving. Thank you for your advice.

Relax, wait for the tenancy to end and THEN request the deposit back through the scheme. Don't antagonise before that, the deposit is protected and noone has done anything wrong.