Tenancy Deposit Compensation and Rent Arrears

HMO976

Hi,

Hopefully this should be a simple yes or no answer but I can't find a definitive answer anywhere.

If you make a claim for compensation because your landlord hasn't put your deposit in the DPS can the judge stipulate that the compensation must be used towards your rent arrears?

I understand that the landlord can make a counter claim for rent arrears. If the landlord makes the claim quick enough. Could you end up in a situation where the same judge is hearing both the claims at the same time? Then be in a position where you are for example awarded £2000 in compensation but because you owe £1500 rent arrears you effectively leave court with £500? Or would you be awarded the £2000 and then go to court again and effectively pay back £1500?

foxy-stoat

What compensation are you hoping to get because your Landlord didnt use the DPS for your deposit?

Has the LL refunded it or is he holding onto it?

Are you still living in the property?

HMO976

I'm still living in the property but currently being evicted. My deposit hasn't been refunded and it was never put in the DPS. I'm claiming compensation via small claims for the standard 1 to 3 times the deposit and the deposit back.

Grezz24

surely the deposit can be kept towards the rent arrears as you're not paying your rent?

need_an_answer

And the rent arrears are currently how much?

the up to 3x payment for not deposit protection,would that cover the rent arrears if awarded?

pmlindyloo

What notice for possession has the landlord issued? A section 21 is not valid if the deposit is not protected - hence the question 'has the LL returned your deposit?'

Worth a read of this which says that the landlord can counter claim for rent arrears and any compensation would be offset against the rent arrears.

https://forums.landlordzone.co.uk/forum/residential-letting-questions/76528-claiming-3-times-deposit-back

Also there is no guarantee that 3 times the deposit would be awarded. it does depend on the circumstances - was it protected late, was the prescribed information given. does the landlord own multiple properties, were the other tenants' deposits protected?

It may be better to negotiate with the landlord - is this possible? Have you had any professional advice about pursuing this claim?

HMO976

Thank you pmlindyloo. That was the answer I was looking for.

My situation at the moment is very complicated. I can't say too much on an open forum at present as the situation is on going. I will say I'm well informed on the section 21 (even more so thanks to this forum). I would be surprised if I wasn't awarded the full amount. I should have explained it's a letting agent not landlord, obviously multiple properties, multiple tenants in the property in the same position some going back more than 5 years. There is no excuse. I can't see how a court wouldn't award the full amount in those circumstances.

My only concern at the moment is getting enough money to put another roof over my head and not ending up homeless.

pmlindyloo

HMO976 wrote: »

Thank you pmlindyloo. That was the answer I was looking for.

My situation at the moment is very complicated. I can't say too much on an open forum at present as the situation is on going. I will say I'm well informed on the section 21 (even more so thanks to this forum). I would be surprised if I wasn't awarded the full amount. I should have explained it's a letting agent not landlord, obviously multiple properties, multiple tenants in the property in the same position some going back more than 5 years. There is no excuse. I can't see how a court wouldn't award the full amount in those circumstances.

My only concern at the moment is getting enough money to put another roof over my head and not ending up homeless.

As an aside, how have you got into rent arrears?

Am asking because if you are receiving housing benefit you may be able to apply for a Discretionary Housing Payment.

Apologies if you have already received advice about this.

Plus, why are you pursuing the letting agent and not the landlord? In most cases it is the landlord's responsibility to check the deposit is protected. Or are the letting agents the landlord?

Just asking as the reference was about the landlord counter claiming for rent arrears. You would not owe rent to the letting agents unless they were also the landlord.

G_M

Simple answer is 'yes'.


If you make a claim for the deposit penalty (not 'compensation') and the LL counter-claims for the arrears, and assuming you win on the penalty and he wins on the arrears, then the judge will balance out who owes who how much.

tom9980

Bear in mind it will take a minimum of 6 months to make a claim, get to court let alone get paid.

foxy-stoat

HMO976 wrote: »

My only concern at the moment is getting enough money to put another roof over my head and not ending up homeless.

No deposit protected - no valid S21 - you wont be homeless without LL/agents breaking more laws than you are. No judge in the land will issue an order for you to leave, unless you are behind more than 2 months rent. Not sure about multi lets.

Bottom line is you want security over your accommodation - maybe you should demand your deposit back now, move out and find more suitable accommodation then roll the dice and try and get the penalty for not protecting the deposit once you leave as this will only get worse from here.