Landlord didn't protect the deposit. Given notice, where do we stand.

ciderboy2009

Has the landlord actually given any indication why they haven't returned the full deposit?

Not that it affects the fact that there is no valid S21 so nothing the landlord can do anyway!

G_M

SmashedAvacado wrote: »

Your friend does not need to "go through the courts". It is the landlord that would have to make an application, and your friend woudl be given the court papers and asked to file a defence. To make an application to court the landlord has to give confirmation to the court that [STRIKE]it[/STRIKE]he has served a valid notice. If [STRIKE]it[/STRIKE]he has not done, [STRIKE]it[/STRIKE]he [STRIKE]cant[/STRIKE]shouldn't make that declaration. if [STRIKE]it[/STRIKE]he makes a false declaration, youre friend can write in[STRIKE]t[/STRIKE] [STRIKE]he[/STRIKE]his defence that no valid section 21 notice has been served and send it back to the court. The court would then dismiss the proceedings. It wouldn't cost your friend anything.

Apart from the typos, this is spot on!

madvicker

norainbows wrote: »

Thank you Sparkey. My friend can't afford to go through the courts although she has no idea how much this would cost

That statement is a complete contradiction. Your friend cannot say they can't afford something when they don't know the cost. Besides, from what I've read there is a clear cut case for suing the landlord for not protecting the deposit.

https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_compensation_claims

The court costs are £303. Don't need a solicitor - can get advice from a housing adviser.

Edit: And the £303 will be paid back to your friend by the landlord upon winning the case.