Landlord didn't protect deposit within 30 days

Angelhales2601

So I won't provide a long winded back story here other than we have been in the property 9 months. There have been a few issues such as ongoing damp problems that the landlord went AWOL on whenever the letting agent tried to contact them, in the end it took 8 weeks for anyone to even come out and review it.

When we were told recently he was selling we sought legal advice on our rights, they reviewed all the paper work and found out it took 43 days for the landlord to protect the deposit. At the time we did email to chase it up and were told that it was being done.

We sent the landlord a letter to tell them that we would be seeking the return of the deposit and compensation.

Since then the letting agent has been in contact to say what do we want? I've said we are seeking the full penalty and they've said the landlord is getting their own legal advice and will then reply.

I have the court form already prepared - is there anything else I need to do in the meantime?

System

Angelhales2601 wrote: »

So I won't provide a long winded back story here other than we have been in the property 9 months. There have been a few issues such as ongoing damp problems that the landlord went AWOL on whenever the letting agent tried to contact them, in the end it took 8 weeks for anyone to even come out and review it.

When we were told recently he was selling we sought legal advice on our rights, they reviewed all the paper work and found out it took 43 days for the landlord to protect the deposit. At the time we did email to chase it up and were told that it was being done.

We sent the landlord a letter to tell them that we would be seeking the return of the deposit and compensation.

Since then the letting agent has been in contact to say what do we want? I've said we are seeking the full penalty and they've said the landlord is getting their own legal advice and will then reply.

I have the court form already prepared - is there anything else I need to do in the meantime?

it is unlikely you would receive the full penalty as the landlord did register the deposit albeit late. The judge will award the return of your deposit and maybe 1x by way of compensation alternatively he may deem the immediate return of the original deposit sufficient.

zagubov

You will clearly need your deposit back in good time for your next accommodation, but I would be surprised if you were given full penalty when the deposit was only protected a few days late.

macman

Have you already been served with an S21? Informing you verbally or in writing is not sufficient. Are you seeking to remain in the property longer than 8 weeks?

Angelhales2601

No we are not seeking to stay.
The tenancy is up at the start of July but we have found somewhere and would like to move earlier but as our tenancy has no break clause they won’t let us out early.

System

Angelhales2601 wrote: »

No we are not seeking to stay.
The tenancy is up at the start of July but we have found somewhere and would like to move earlier but as our tenancy has no break clause they won’t let us out early.

You could try and use that to your advantage, let us leave early and we wont sue

anselld

Angelhales2601 wrote: »

Since then the letting agent has been in contact to say what do we want? I've said we are seeking the full penalty and they've said the landlord is getting their own legal advice and will then reply.

Why don't you just tell them what you really want, ie to be released early from your contract without penalty and your deposit returned promptly.

They may view that as a reasonable request under the circumstances.

If you say you want 3x penalty + deposit the response will probably be "see you in court" which doesn't really help anyone.

Angelhales2601

We did try to use it to negotiate but they weren’t interested.

Marvel1

Probably the best you will get is 1x the deposit, but as said in post 8 you tried to negiotate they don't so screw them.

anselld

Marvel1 wrote: »

Probably the best you will get is 1x the deposit, but as said in post 8 you tried to negotiate they don't so screw them.

Perhaps, but opening negotiation with an entirely unreasonable request isn't really trying.

OP stands to lose about two months rent by leaving early. Unlikely that will be recovered in penalties. A more reasonable attempt at negotiation could be beneficial.

Wanderingpomm

I’d imagine if you leave early and try to take the LL to court for a deposit penalty you will be counter sued for the outstanding rent amount. You may get the penalty but you may not as the deposit was protected.

You would be better to get the agent to advertise the property immediately, you might find a replacement tenant and then you could just go earlier.