Tenancy Deposit - Multiple breaches/claims

Josh1u

Hi,

I have been in a rental flat for 6 years. Two months ago, I noticed the tenancy deposit hadn't been lodged within 30 days after I paid it and I wasn't given all the required 'prescribed information'.

I know that I can make a claim for compensation/a penalty. The judge in a small claims court can give a penalty of 3 times the deposit amount for this.

However, after this, I signed four further tenancy agreements. It seems, from what I have researched, that for each of those, because the deposit was not returned and no prescribed information was provided for any of them, I have the ability to make further claims for compensation.

So, my question is really do I have to lodge these all as individual claims on the basis that a judge can order at most, three times the deposit for any claim?

I have another question about who I am claiming against. Whilst it is usually the landlord who is responsible, the property was sold after two years, meaning he has not been the landlord for some time. However, the lettings agents are named on the tenancy agreement and the deposit was paid to, and lodged in, the letting agents' name.

During my tenancy these letting agents have broken the law. They entered the property without notifying me first. They threatened to come in on a day when I said they could not. These had effects on my disability and my mental health.

So, ideally, I want to take action against the letting agents rather than the landlord.

If I cannot take legal action for the first claim i.e. it is too near the six year limitation for a contract breach, then presumably, I could take action at another time for the further contracts I signed which, because of the deposit not being lodged correctly when I moved into the flat, are also in breach of the Housing Act.

If anyone has any knowledge of this, then please share, as I have hit a roadblock in terms of researching and I cannot afford a lot of money to find a solicitor.

G_M

No. The deposit does not have to be returned and re-protected each time a tenancy is renewed. (this was originally the case, but the Housing Act has been amended since by the Localism Act 2011 & the Deregulation Act 2015 .

(This assumes it is the same tenancy. Obviousy if there is a change of tenant, that would be different.)

You paid a deposit when you first moved in. The LL failed to protect it. You can only claim once for the failure to protect.

Your claim is against the named landlord. However, you could name the agent as a joint defendant.

If the property has been sold since the deposit was paid, then you claim against the current landlord/owner. It was his responsibility on buying the property toensure that the tenancy he was taking over was all in order. See:

* Deposits: payment, protection and return

I assume when the property was sold, the new owner complied with the Landlord & Tenant Act 1985 S3?

Duty to inform tenant of assignment of landlord’s interest.

(1)If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months.

(2)If trustees consititute the new landlord, a collective description of the trustes as the trustees of the trust in question may be given as the name of the landlord, and where such a collective description is given—

(a)the address of the new landlord may be given as the address from which the affairs of the trust are conducted, and

(b)a change in the persons who are for the time being the trustees of the trust shall not be treated as an assignment of the interest of the landlord.

(3)A person who is the new landlord under a tenancy falling within subsection (1) and who fails, without reasonable excuse to give the notice required by that subsection, commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

[F1(3A)The person who was the landlord under the tenancy immediately before the assignment (“the old landlord”) shall be liable to the tenant in respect of any breach of any covenant, condition or agreement under the tenancy occurring before the end of the relevant period in like manner as if the interest assigned were still vested in him; and where the new landlord is also liable to the tenant in respect of any such breach occurring within that period, he and the old landlord shall be jointly and severally liable in respect of it.

During my tenancy these letting agents have broken the law.

There are other remedies open to you for these.

If I cannot take legal action for the first claim i.e. it is too near the six year limitation for a contract breach,

I have been in a rental flat for 6 years.

Your tenancy has not ended. You can therefore bring an action at any time.
Indeed, you have 6 years from when the tenancy ends in which to bring an action.

Josh1u

I was led to believe that the deposit, if not lodged correctly in the first tenancy, was deemed to be not lodged correctly for all the tenancies, whereas if it had been lodged correctly for the first tenancy, it was then that it did not have to be re-lodged for the next tenancies.

Either way, no prescribed information has been provided for any tenancy and that must mean that each tenancy agreement has at least that as a breach?

The new landlord did nothing with the deposit. The property was purchased but the deposit is still lodged, after the 30 days that was required but during the first tenancy from 2013, in the name of the lettings agents.

There is a difference between my contracts. The first tenancy agreement and the further agreements with the first landlord were in his name c/o the lettings agents, with their address. The contract with the newer landlord does not name the lettings agents.

This presumably means that I have a claim against the lettings agents / former landlord for the failure to lodge the deposit correctly when I moved in, and possibly for further tenancy agreements, and a different claim against the new landlord for their failure to update the deposit with their details.

Is it definitive that I have six years after moving out, to claim? The contract that the breach occurred in, as a contract, finished in September 2013.

tlc678910

So the money was lodged a little late but is now in a scheme.

You are looking to get 3x deposit for each renewal (four further renewals). Let's say your deposit was £500. 3 X fine being £1500. Plus four further renewals = £7.5K ...for your deposit being protected a little late. Stop being greedy and get on with your life.

As for a "how to rent" brochure - you sound plenty savvy enough to google one if you are interested.
https://www.gov.uk/government/publications/how-to-rent

Edit: I probably sounded unfairly harsh. I don't agree with you but I don't mean to upset you. If you are worried the agents will enter without permission you will be advised to change the locks. I have seen advice here that this can usually be done yourself fairly easily and cheaply by learning from you tube to change the barrel. Replace old locks when you leave. Bear in mind a tenant can be served a section 21 no fault eviction at any time and if you annoy your landlord they could choose to serve one (unfortunately).

Tlc

G_M

Josh1u wrote: »

I was led to believe that the deposit, if not lodged correctly in the first tenancy, was deemed to be not lodged correctly for all the tenancies, whereas if it had been lodged correctly for the first tenancy, it was then that it did not have to be re-lodged for the next tenancies.
'led to believe' by who?

There is only one tenancy, albeit it has been renewed severaltimes.
There was only one deposit paid, albeit was not protected.
There is only one claim.

Either way, no prescribed information has been provided for any tenancy and that must mean that each tenancy agreement has at least that as a breach?
There is no breach of tenancy. There is a breach of the Housing Act (as amended).
The PI need only be provided once (just as the deposit need only be protected once)
The penalty is 1-3 times the deposit, irrespective of whether the breach is failure to protect or failure to prvide the PI:

(1)Where a tenancy deposit has been paid in connection with a shorthold tenancy [F5on or after 6 April 2007] , the tenant or any relevant person (as defined by section 213(10)) may make an application to [F6the county court] on the grounds—

[F7(a)that section 213(3) or (6) has not been complied with in relation to the deposit, or]

(b)that he has been notified by the landlord that a particular authorised scheme applies to the deposit but has been unable to obtain confirmation from the scheme administrator that the deposit is being held in accordance with the scheme.

The new landlord did nothing with the deposit. The property was purchased but the deposit is still lodged, after the 30 days that was required but during the first tenancy from 2013, in the name of the lettings agents.
?? Sorry?? I thought you said that the deposit had not been protected (or do you ean something else by 'lodged'?).

* was the deposit protected or not?
* what date was it originally paid?
* what date was it protected?

There is a difference between my contracts. The first tenancy agreement and the further agreements with the first landlord were in his name c/o the lettings agents, with their address. The contract with the newer landlord does not name the lettings agents.
letting agent is irrelevant. They are just .... well an agent. The LL can employ, sack, replace any employee he wishes at any time without impacting the tenancy in any way.

This presumably means that I have a claim against the lettings agents / former landlord for the failure to lodge the deposit correctly when I moved in, and possibly for further tenancy agreements, and a different claim against the new landlord for their failure to update the deposit with their details.

Is it definitive that I have six years after moving out, to claim? The contract that the breach occurred in, as a contract, finished in September 2013.

Has your tenancy ended?

[F8(1A)Subsection (1) also applies in a case where the tenancy has ended, and in such a case the reference in subsection (1) to the tenant is to a person who was a tenant under the tenancy.]

(2)Subsections (3) and (4) apply [F9 in the case of an application under subsection (1) if the tenancy has not ended and ] the court—

[F10(a)is satisfied that section 213(3) or (6) has not been complied with in relation to the deposit, or]

(b)is not satisfied that the deposit is being held in accordance with an authorised scheme,

as the case may be.

Josh1u

I'm not being greedy. I have had years of mental health problems worsened by the actions of the lettings agents. I'm not claiming that amount. In fact, I am claiming 2 times the deposit for the failure to lodge it correctly within 30 days, due to the fact that this is was a landlord who owns many properties and a lettings agents and they should know the rules and the value of the deposit for failure to provide the prescribed information for the same agreement. My question was then about claiming the amount of the deposit for the further tenancies from the fact that the prescribed information has not been given at any time.

tlc678910

Sorry - edited my post - cross posted with yours.

G_M

Josh1u wrote: »

.... I'm not claiming that amount. In fact, I am claiming 2 times the deposit for the failure to lodge it correctly within 30 days, ............


for the further tenancies from the fact that the prescribed information has not been given at any time.

You do not claim a specific amount. You 'make an application' on the grounds of failure to protect and/or late protection and/or failure to provide the PI.


The judge decides how serious he believes the offence to be and where on the 1-3 scale the penalty should lie.


There is only one tenancy. The tenancy was renewed. There are no 'further tenancies'.

Josh1u

So, the deposit was paid on 6th March 2013. The tenancy of the property began on 12th March 2013. The deposit was lodged with the deposit scheme on 16th April 2013. There was no prescribed information provided.

In September that year, March the next year, September the next year, and March the year after that, I signed a new tenancy agreement. Not a renewal. It wasn't just 'I agree to continue this contract'. It was a completely new agreement.

The tenancy of the flat has not ended. But the tenancy agreements have ended. As it is contract law, there is a six year limitation to make a claim from any breach of law.

I have seen the same argument that I can claim up to six years after moving out - which would be ideal - but it seems to be rarely suggested. In fact, most resources say the claim must be made within six years of the breach.

Josh1u

Yes, but a letter of intent is required prior to doing that, and a letter of intent states the amount you want in compensation, right? If it then goes to court, sure, the judge then has to decide on the penalty.

G_M wrote: »

You do not claim a specific amount. You 'make an application' on the grounds of failure to protect and/or late protection and/or failure to provide the PI.


The judge decides how serious he believes the offence to be and where on the 1-3 scale the penalty should lie.


There is only one tenancy. The tenancy was renewed. There are no 'further tenancies'.

Josh1u

No problem. I'm savvy, yes, but I am also badly affected by anxiety. The locks have been dealt with. If I'd done that sooner, then I wouldn't have had any of the problems. The new landlord cannot legally evict me whilst the deposit is not in their name and my contract is with them and they have not provided any details. They should have retrieved it when purchasing the property or updated the details with the deposit scheme. Furthermore, I plan to move out when letting agents fees are banned so by the time they get their eviction notice enforced, I would be moved out anyway.

tlc678910 wrote: »

So the money was lodged a little late but is now in a scheme.

You are looking to get 3x deposit for each renewal (four further renewals). Let's say your deposit was £500. 3 X fine being £1500. Plus four further renewals = £7.5K ...for your deposit being protected a little late. Stop being greedy and get on with your life.

As for a "how to rent" brochure - you sound plenty savvy enough to google one if you are interested.

Edit: I probably sounded unfairly harsh. I don't agree with you but I don't mean to upset you. If you are worried the agents will enter without permission you will be advised to change the locks. I have seen advice here that this can usually be done yourself fairly easily and cheaply by learning from you tube to change the barrel. Replace old locks when you leave. Bear in mind a tenant can be served a section 21 no fault eviction at any time and if you annoy your landlord they could choose to serve one (unfortunately).

Tlc