Advice please on third party paying deposit, not given details of scheme by landlord

bobbieg

I have recently been evicted from a property using a sec21 with no reason given.
My landlord has claimed a huge amount in decorating Bill's which amount to betterment and I have filed my evidence with the dispute resolution service.
However, during my 'googling' for information I have realised that this landlord did not comply with the prescribed terms as he failed to state the details of the 3rd party that paid the deposit and failed to give them a copy of the scheme details. The 3rd party was my employer. I now know that he should not have been able to enforce a sec21 but appreciate that it is too late.
Will this information that he failed to give the third party make any difference to the resolution service? I have an email acknowledging that he received the payment from my employers. I'd just like to get all of my deposit back as he has acted quite unfairly in his claim.

Thanks

Comms69

bobbieg wrote: »

I have recently been evicted from a property using a sec21 with no reason given. - Do you mean you moved out, or the bailiffs turned up?
My landlord has claimed a huge amount in decorating Bill's which amount to betterment and I have filed my evidence with the dispute resolution service.



However, during my 'googling' for information I have realised that this landlord did not comply with the prescribed terms as he failed to state the details of the 3rd party that paid the deposit and failed to give them a copy of the scheme details. The 3rd party was my employer. I now know that he should not have been able to enforce a sec21 but appreciate that it is too late.



Will this information that he failed to give the third party make any difference to the resolution service? - no I have an email acknowledging that he received the payment from my employers. I'd just like to get all of my deposit back as he has acted quite unfairly in his claim.

Thanks

You are not necessarily entitled to your deposit. You can sue for the lack of prescribed information

pramsay13

The fact he didn't let a particular person know about the scheme will not make a difference providing it was in a scheme.
If you think he has acted unfairly you submit your evidence to the resolution service and allow them to decide.

G_M

1) You could have challenged the S21 and the court would have dismissed the LL's claim for possession since the PI had not been provided. But that boat has now sailed.

2) Your employer is a 'relevant person' (Housing Act S213 as amended). The 'relevant person' could now make a claim for the penalty from the LL.

3) Since the deposit was in fact protected, it is likely the court would award the lower end of the penalty spectrum (1 to 3 times the deposit).

4) the court must also order the deposit be returned (to the 'relevant person'). (Housing Act S214 (3) as amended)


5) the above action must go via the County Court - not the deposit scheme. The deposit arbitration process can still, separately, look at the justification (or otherwise) for any proposed deductions.