Landlord who didn't protect deposit - Claim advice please

Boobydoo

Hello all
I recently raised a claim online after finding out that my Landlord had not protected my deposit (paid in Dec 2017). I had previously emailed them about it and threatened to make a claim against them. They ignored this, but protected my claim (just a few weeks ago).
Anyway, they have now ignored the claim and Judgment has been entered. The claim is for three times the deposit £1500 plus the £70 Court fees.
My question is should I warn them that I'm going to send it onto High Court Bailiffs or not? I'm just worried that they will mess me about and try to have the claim set aside.
I have checked that everything is correct and that they operate from the service address. This is a LLP by the way.
Any advice please?

G_M

I don't believe you have to warn them though that information is gleaned from the highly reliable source "Can't Pay We'll Take It Away" on TV.

Any reason you don't want to use the lower court enforcement processes?

And are you still their tenant? I can see this LL/T relationship working really well going forward...... personally I'd have waited as non-protection gives you huge security and the penalty can be claimed any time in the next 7 years.

Boobydoo

Thank you for your reply.

I am moving out of the property shortly, but the Court Claim was started before this decision.

I have always been led to believe that when a claim is over £600 to always use a High Court Bailiff as they tend to get much more done, whereas the County Court Bailiffs may only give up after a couple of trips to the property.

Comms69

Boobydoo wrote: »

Hello all
I recently raised a claim online after finding out that my Landlord had not protected my deposit (paid in Dec 2017). I had previously emailed them about it and threatened to make a claim against them. They ignored this, but protected my claim (just a few weeks ago).
Anyway, they have now ignored the claim and Judgment has been entered. The claim is for three times the deposit £1500 plus the £70 Court fees.
My question is should I warn them that I'm going to send it onto High Court Bailiffs or not? I'm just worried that they will mess me about and try to have the claim set aside.
I have checked that everything is correct and that they operate from the service address. This is a LLP by the way.
Any advice please?

It's largely irrelevant, they either will or they wont. Warning them has no effect.


Your landlord is a commercial entity? you haven't sued the agent for example?


Are you still living there?

Comms69

G_M wrote: »

I don't believe you have to warn them though that information is gleaned from the highly reliable source "Can't Pay We'll Take It Away" on TV.

Any reason you don't want to use the lower court enforcement processes?

And are you still their tenant? I can see this LL/T relationship working really well going forward...... personally I'd have waited as non-protection gives you huge security and the penalty can be claimed any time in the next 7 years.

The HCEO now have to send a letter of enforcement - basically it's 7 days to pay or set up an arrangement.


it's not clear if the £1500 includes the initial deposit, though I suspect it doesn't at this stage.

Boobydoo

Comms69 wrote: »

The HCEO now have to send a letter of enforcement - basically it's 7 days to pay or set up an arrangement.


it's not clear if the £1500 includes the initial deposit, though I suspect it doesn't at this stage.

The deposit was £500, and is included in the amount.

Comms69

Boobydoo wrote: »

The deposit was £500, and is included in the amount.

So you weren't successful at getting 3x the deposit? Sorry now im confused - did you use small claims for this?


Did you check that your court allowed this type of claim via the small claims track?

silvercar

Have I got this right?

You paid a £500 deposit December 2017.

landlord failed to protect within 28 days.

You emailed landlord to protect threatening court action, they ignored

Around June time landlord protected the £500 deposit.

You went to court claiming 3 times deposit + £70 court fees.

You were awarded judgement of deposit return plus 2 times deposit - so £1500. and court fees, or not?

How long do they have to pay? Is it 28 days?
If you use bailiffs, will you get the bailiffs fees back?

What is the aim here, to get paid ASAP or cause as much pain to the landlord?

I am surprised that the judgement was awarded so high for what is a now protected deposit and only a few months late.

Did you have a 6 month contract that is now periodic?

Comms69

silvercar wrote: »

Have I got this right?

You paid a £500 deposit December 2017.

landlord failed to protect within 28 days.

You emailed landlord to protect threatening court action, they ignored

Around June time landlord protected the £500 deposit.

You went to court claiming 3 times deposit + £70 court fees.

You were awarded judgement of deposit return plus 2 times deposit - so £1500. and court fees, or not?

How long do they have to pay? Is it 28 days?
If you use bailiffs, will you get the bailiffs fees back?

What is the aim here, to get paid ASAP or cause as much pain to the landlord?

I am surprised that the judgement was awarded so high for what is a now protected deposit and only a few months late.

Did you have a 6 month contract that is now periodic?

I suspect the OP claimed via the small claims track and got a default judgment; had it been contested they would have lost.


1: because the claim is not suitable for small claims
2: because the original deposit was not yet available for return (having now been protected)

Boobydoo

Guys, could some of you please be aware that I've posted on here asking for advice etc, not wanting people suggesting I want to hurt a landlord etc. I assume that everyone is on here to help people and not cause hurt and upset. I'm someone who abides by law, pays my bills on time and hasn't even had a speeding ticket. I am not trying to make a quick buck!
The law states a deposit has to be protected in a certain timeframe. If your Landlord kept ignoring you, not fixing things etc, wouldn't you get fed up?
So, I warned them. They ignored, so I claimed three times the deposit back as a lot of people have done. They ignored the claim and didn't respond so I entered judgement.

Comms69

Boobydoo wrote: »

Guys, could some of you please be aware that I've posted on here asking for advice etc, not wanting people suggesting I want to hurt a landlord etc. I assume that everyone is on here to help people and not cause hurt and upset. I'm someone who abides by law, pays my bills on time and hasn't even had a speeding ticket. I am not trying to make a quick buck!
The law states a deposit has to be protected in a certain timeframe. If your Landlord kept ignoring you, not fixing things etc, wouldn't you get fed up?
So, I warned them. They ignored, so I claimed three times the deposit back as a lot of people have done. They ignored the claim and didn't respond so I entered judgement.

just to clarify:
1: people agree with you in principal, we're discussing the legal implications of your actions - which to be absolutely clear are on a cliff edge at best.
2: Yes you're right, but the penalty is ON TOP of the deposit. So you are already confused as to whether the £1500 included the deposit or not.
3: It sounds like you just pursued via MCOL, which if you read it carefully, tells you IS NOT the correct route for claiming a penalty. Hence why a set aside would be successful.
4: You didn't enter judgement, a court did. It's useful to get terminology correct in such cases. - which you may well find out about shortly.