Landlord who didn't protect deposit - Claim advice please

Boobydoo

silvercar wrote: »

Have I got this right?

You paid a £500 deposit December 2017. Yes

landlord failed to protect within 28 days. Yes

You emailed landlord to protect threatening court action, they ignored Yes

Around June time landlord protected the £500 deposit. Yes

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

You were awarded judgement of deposit return plus 2 times deposit - so £1500. and court fees, or not? That's what's on the claim and now I have entered Judgement as the Landlord has not acknowledged.

How long do they have to pay? Is it 28 days? I requested immediate payment as it's a decent size company
If you use bailiffs, will you get the bailiffs fees back? I would hope so as the Company are Land Agents and Auctioneers

What is the aim here, to get paid ASAP or cause as much pain to the landlord? The aim is to show the Landlord that these things should not be ignored. How many more are they doing this too?

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

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

Thank you Comms69


Yes, I am confused and it looks like I really need help.

This was all done through Moneyclaim Online. My original deposit was £500 and so I was advised to claim for three times the deposit amount.


So, what should I do at this stage please?

Comms69

Boobydoo wrote: »

Thank you Comms69


Yes, I am confused and it looks like I really need help.

This was all done through Moneyclaim Online. My original deposit was £500 and so I was advised to claim for three times the deposit amount. - Yes the penalty is 3x the deposit, but not including the actual deposit.


So, what should I do at this stage please?

Hope they pay up and don't bother with a set aside. Your original claim would fail at any new hearing.


That isn't to say you cant claim correctly, should that happen. Just that you would have to start again.

Boobydoo

Would it be best that I start a correct claim or should I continue to HCEO? Could they set aside within seven days?

Comms69

Boobydoo wrote: »

Would it be best that I start a correct claim or should I continue to HCEO? Could they set aside within seven days?

In theory they could get an order to suspend enforcement with-in a few hours, if they find a judge.


BUT that's not really the issue. You now have a judgment, so there's no point starting a second claim. Get the bailiffs in, see if they pay up and go from there.

Boobydoo

Thank you Comms69

macman

silvercar: the deposit was not protected 'a few months late', It was around 6m late: by which date the original STA would have expired and the tenant might have given notice, or the LL not renewed.
This was not an amateur LL who was forgetful or didn't understand the requirements, it was an LLP who should be capable of complying with the regs in 28 days. Under these circumstances it was perfectly understandable for the court to impose the highest award possible.

silvercar

macman wrote: »

silvercar: the deposit was not protected 'a few months late', It was around 6m late: by which date the original STA would have expired and the tenant might have given notice, or the LL not renewed.
This was not an amateur LL who was forgetful or didn't understand the requirements, it was an LLP who should be capable of complying with the regs in 28 days. Under these circumstances it was perfectly understandable for the court to impose the highest award possible.

That was why I was asking if it was a 6 month tenancy.

It looks like the court haven't considered anything but OP has a MCOL 'win' by default.

I am still confused whether the £1500 is a 3 x deposit penalty that has been enforced or a 2 x deposit penalty + the original deposit.

A LLP seems an odd entity for a landlord, generally a landlord operating through a company would form a limited company. I wonder if this LLP is not generally in the business of letting property and therefore taking longer to grasp the rules (no excuse).

Pixie5740

Boobydoo wrote: »

Thank you Comms69


Yes, I am confused and it looks like I really need help.

This was all done through Moneyclaim Online. My original deposit was £500 and so I was advised to claim for three times the deposit amount.


So, what should I do at this stage please?

Who advised you to claim for three times the deposit? If the deposit was protected late you absolutely can make a claim and the court decides if it will be one to three times the value of your deposit.

Is this for the same property in your previous thread? In which case I thought your landlord was the person renting the farm who in turn rented the cottage to you using an AST. Did he rent the cottage to you via a LLP? I'm trying to make sure you are suing the right person/entity using the right court.

SnooksNJ

Boobydoo wrote: »

I am not trying to make a quick buck!

.

Sending in the High Court bailiff's so your favorite charity can get your generous donation faster is such a nice thing to do.

Boobydoo

MMy landlord uses a land agent.

I have today received a phone call from the land agent saying that they are writing to the court because the land lord apparently did not forward my deposit until March this year.

I’m so fed up with all of this.

My agreement says all documents should be served at the land agents address so surely it’s the land agents responsibility?

I asked why they were only contacting me after the CCJ had been issued and I was told it was just because the paperwork hadn’t been seen by the correct person. It’s unfair that I’ve given warning after warning and, only after the CCJ lands do they kick into action.

Should I still instruct HCEO?