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Tenants Deposit protected late
jamesdunwell
Posts: 1 Newbie
Hi,
I am looking for some help.
Bit of history.... We have moved out of our rented property after 18 months, landlord is really not a very nice man and chase us quite a few problems.
Our check out has been done and there are some deductions we are happy to pay ( couple of small dents in the fridge pinprick sizes, small mark or carpet etc) the check out clerk has said you can charge minimal compensation charges, as 95% it’s fair wear and tear. However he has said he is holding our entire deposit (over 2k) and wants to replace the fridge , carpet etc. We will allow it to go through arbitration and see the outcome.
After re searching claims and how much he can charge, We came across a few websites that advise on deposit and registering them. When we moved in, he didn’t register our deposit until 2.5 months after we had paid the deposit, at this time he sent us the prescribed information, however the amount he stated was incorrect. He stated we had paid more than we had. He said in an email he knew it was wrong and would send the correct pages and inform the deposit scheme. However we never received them.
We don’t want to go down this route, but if he starts being really difficult we would like to know where we stand with using this if he starts messing around with our money.
Would we have grounds to start proceedings on him for not registering the deposit in time ? ( or as it’s such a short time maybe not)
And does it matter that he registered and stated the wrong amount and never supplied us with amended documents. ( he never changed it in the scheme either)
Thanks so much
I am looking for some help.
Bit of history.... We have moved out of our rented property after 18 months, landlord is really not a very nice man and chase us quite a few problems.
Our check out has been done and there are some deductions we are happy to pay ( couple of small dents in the fridge pinprick sizes, small mark or carpet etc) the check out clerk has said you can charge minimal compensation charges, as 95% it’s fair wear and tear. However he has said he is holding our entire deposit (over 2k) and wants to replace the fridge , carpet etc. We will allow it to go through arbitration and see the outcome.
After re searching claims and how much he can charge, We came across a few websites that advise on deposit and registering them. When we moved in, he didn’t register our deposit until 2.5 months after we had paid the deposit, at this time he sent us the prescribed information, however the amount he stated was incorrect. He stated we had paid more than we had. He said in an email he knew it was wrong and would send the correct pages and inform the deposit scheme. However we never received them.
We don’t want to go down this route, but if he starts being really difficult we would like to know where we stand with using this if he starts messing around with our money.
Would we have grounds to start proceedings on him for not registering the deposit in time ? ( or as it’s such a short time maybe not)
And does it matter that he registered and stated the wrong amount and never supplied us with amended documents. ( he never changed it in the scheme either)
Thanks so much
0
Comments
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You can apply to court for the penalty of between 1 and 3 times the deposit for late registration.jamesdunwell wrote: ».......
We don’t want to go down this route, but if he starts being really difficult we would like to know where we stand with using this if he starts messing around with our money.
Would we have grounds to start proceedings on him for not registering the deposit in time ?.....
And does it matter that he registered and stated the wrong amount and never supplied us with amended documents.
The court will probably award you nearer the lower end since he did protect the deposit, albeit late.
Since he protected more than you paid I doubt that will make a difference, Had he protected less then the fact that part of your deposit had never been protected would likely make the judge award closer to the top end of then penalty scale.
see
* Deposits: payment, protection and return0 -
Did he supply a gas safety certificate and EPC at the start of the tenancy? The former is a serious criminal offence if not complied with, so could provide you with some useful bargaining power if needed...No free lunch, and no free laptop
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