DPS not re-protected

axbhat

The landlord has confirmed that has hasn't re protected the expired insurance based scheme after it expired in 2015.

Under the Deregulation ACT 2015, there is no requirement to reregister the deposit or protect it again, if there is no changes and the contract rolls over to a periodic tenancy.

Thank you.

Pixie5740

What other ADR do you think there would be then?

axbhat

Upon sending Letter before action (template from Shelter.org.uk), LL responded saying:

I suggest you to seek proper legal advice. You could incur very heavy court costs, if you don’t follow the correct procedure and make an incorrect claim.

You could still follow Alternative Dispute Resolution, if you are not happy.

Then we went to MyDeposit for ADR & also we emailed LL that we are happy to go for ADR. MyDespoit replied back saying they can't do ADR now since it expired in 2015. LL hasn't responded to the mail.

So I think small claims court is the only option left for us now.

Comms69

axbhat wrote: »

Upon sending Letter before action (template from Shelter.org.uk), LL responded saying:



Then we went to MyDeposit for ADR & also we emailed LL that we are happy to go for ADR. MyDespoit replied back saying they can't do ADR now since it expired in 2015. LL hasn't responded to the mail.

So I think small claims court is the only option left for us now.

The LL is trying to scare you (or genuinely believes that) - in any case it's not true, costs at small claims are highly restricted

G_M

axbhat wrote: »

So I think small claims court is the only option left for us now.

Have you double-checked with the other schemes that the deposit is not protected with them? It seems unlikely from what you say, but it only takes 5 minutes. In the unlikely event that the LL moved the protection to a different scheme you would lose your claim for the penaly in court and therefore be liable for the court fees.


But assuming you have checked, and the deposit is not protected, then it's now time for court proceedings.


Follow the links provided for how to do it.

parkrunner

G_M wrote: »

Landlord is wong.


Tenant applies to court for 1) return of deposit and 2) penalty of 3 times the deposit.


Landlord may counter-claim for damage/loss to the property, and defend the claim for the penalty (on some spurious grounds)


Judge will consider the claim for damage and award if the LL provides evidence (you can dispute this of course), and will award the tenant from 1- 3 times the deposit for failing to maintain the deposit protection.

That's quite often a problem with foreign landlords....................