Failure to protect tenancy deposit

simonmills86

G_M wrote: »

I mean your knowledge is out of date!
You have 7 years.
The agent's knowledge is also out of date.
The agent is also legally liable.

It was not my knowledge but a "niggling doubt", thank you for allaying those concerns.


Thank you also for the paragraph you quoted re: tenancy law however the jury seems to be out on who is liable in this situation.

simonmills86

Comms69 wrote: »

Well discontinue the small claim as that is the incorrect process. This is a multi-track claim.


Some solicitor will do this for a (significant) percentage of the payout - likely 2x the value.

Thanks Comms for taking the time to read through this particular saga.


As the case is now at the DQ stage, does this present me with an opportunity to argue that the case should proceed as a multi-track case? Or is it not that simple?


In my experience of working at CCMCC, I was under the impression that the value of the claim generally dictated which track the case is heard on but are there other factors that come into play?


I realise I should have probably made a Part 8 claim in this instance but given the agency have disputed the facts is there not every chance the case would have been transferred to a Part 7 anyway?


Your considerations are most welcome.

G_M

simonmills86 wrote: »

I was under the impression that the value of the claim generally dictated which track the case is heard on but are there other factors that come into play?

You are not making a civil claim for a loss, you are claiming a penalty.

pickledonionspaceraider

I know you are in the right Simon, but IMO, in life - you have to pick your battles , and this one - due to the time and stress involved = is not worth it

You are getting yourself all worked up and wasting precious time - on this small matter

If it were me, I would let it go. and Breathe. Then go down the pub.

Honestly mate, what is the point. Even if you win your few quid back, its not going to compensate for the emotional stress and time wasted on this

let it go

Comms69

pickledonionspaceraider wrote: »

I know you are in the right Simon, but IMO, in life - you have to pick your battles , and this one - due to the time and stress involved = is not worth it

You are getting yourself all worked up and wasting precious time - on this small matter

If it were me, I would let it go. and Breathe. Then go down the pub.

Honestly mate, what is the point. Even if you win your few quid back, its not going to compensate for the emotional stress and time wasted on this

let it go

1-3x the full value of the deposit - likely £500-£1500 (or more)

simonmills86

G_M wrote: »

You are not making a civil claim for a loss, you are claiming a penalty.

And is that N208 claim form?


I presume this is against the landlord and not the agency?

Comms69

simonmills86 wrote: »

And is that N208 claim form?


I presume this is against the landlord and not the agency?

Yes, and against both

simonmills86

Comms69 wrote: »

Yes, and against both

As I am at DQ stage of my claim against the agents, am I able to make an application to transfer to a Part 8 claim or is this likely to complicate matters?


Appreciate the advice once again.

G_M

simonmills86 wrote: »

And is that N208 claim form?

I presume this is against the landlord and not the agency?

Yes.

One, the other, or both. Ideally both.

References to a landlord or landlords in relation to any shorthold tenancy or tenancies include references to a person or persons acting on his or their behalf in relation to the tenancy or tenancies

Housing Act 2004 S 212 (9)

pickledonionspaceraider

Comms69 wrote: »

1-3x the full value of the deposit - likely £500-£1500 (or more)

eeek.

That is a decent amount, I thought it was just the £150 that was taken

Well OP, it is up to you (I was just responding from a peace of mind - mindset, I have no idea bout the rules around all this or how long it takes for it to go through - it depends if you feel it is worth it )