Deposit repaid in full but never put in a scheme, should I ask for compensation?

Arabella33

My Assured Shorthold Tenancy, started on 7th November 2018 for 1 year. I rented through an estate agent, but I was asked to pay the deposit directly to the landlord. In the tenancy agreement the Scheme into which the deposit was supposed to be safeguarded was the DPS.
At the end of tenancy and inventory report, not having heard from LL or agent for over 10 working days later, I started to chase them up, with not much success.After contacting the DPS directly, I have discovered that there has never been any deposit for the tenancy in my name or associated to the address!!!
Asked directly, the landlord hasn't been able to provide me with any proof that he ever registered my deposit, nor the agents. Their answers about when and how much he was going to release were also vague, naming some damages that were not in the inventory report at check out...
After I told the agent that I was going to get advice from Citizen Advice Bureau the landlord has offered to repay IN FULL my deposit. It worked almost like a magic word.
However, now my dilemma is: Should I get the deposit back and let it go, or still take the landlord to court and ask for 1 to 3 times my deposit as compensation?
The LL has numerous investments properties and this doesn't look as a mistake, but his usual modus operandi, on the other hand, what chances do I have to get any compensation if I already get my deposit back in full?
Thanks in advance for your comments and suggestions!

lees80

What have you actually physically lost as a result of the tenancy ending?

Yes, you probably could request compensation - and you probably will, as your post already alludes to the financial position of the LL. (which is irrelevant to you, you have no idea how he has managed other deposits).

I personally wouldn't bother. You have your money back, move on. Life is too short.

[Deleted User]

Arabella33 wrote: »

My Assured Shorthold Tenancy, started on 7th November 2018 for 1 year. I rented through an estate agent, but I was asked to pay the deposit directly to the landlord. In the tenancy agreement the Scheme into which the deposit was supposed to be safeguarded was the DPS.
At the end of tenancy and inventory report, not having heard from LL or agent for over 10 working days later, I started to chase them up, with not much success.After contacting the DPS directly, I have discovered that there has never been any deposit for the tenancy in my name or associated to the address!!!
Asked directly, the landlord hasn't been able to provide me with any proof that he ever registered my deposit, nor the agents. Their answers about when and how much he was going to release were also vague, naming some damages that were not in the inventory report at check out...
After I told the agent that I was going to get advice from Citizen Advice Bureau the landlord has offered to repay IN FULL my deposit. It worked almost like a magic word.
However, now my dilemma is: Should I get the deposit back and let it go, or still take the landlord to court and ask for 1 to 3 times my deposit as compensation?
The LL has numerous investments properties and this doesn't look as a mistake, but his usual modus operandi, on the other hand, what chances do I have to get any compensation if I already get my deposit back in full?
Thanks in advance for your comments and suggestions!

There are 3 schemes a landlord can use to protect the deposit, have you checked the other two?

It's up to you. If it turns out the landlord did not protect your deposit then you can take him to court for failing to protect it. The court will have no choice but to award you between 1 and 3 times the value of the deposit because the law says that it must.

anselld

It sounds like you have so far received a verbal offer but not the actual deposit. You should follow up with a letter before action and see if you get the deposit returned.
Up to you, but personally I would accept the full return of deposit if it happens straight away. If it drags on and starts costing time, effort, court fees, etc I would take it all the way.

Arabella33

Thank you for your replies. A few more facts, just to make the issue more clear:
I haven't received my deposit back yet, but only an email from the agent saying that the LL wants to repay the deposit, that is different from actually having the money in my bank account.
In my Tenancy Agreement, signed by the LL and myself as tenant, the deposit scheme is "The Deposit Scheme, Bridgewater Road, Bristol BS996AA", so there shouldn't be any doubt about where the deposit was going to be. Nevertheless, allowing the LL for any mistakes, I sent him a clear message asking for name of scheme and ID.
In return to my query, I didn't receive a precise answer from him, but an email asking me about 4 repairs that in his view had to be done in the property following the end of tenancy. He informed me that he had pictures of the damages, but not attaching those pictures to his message. Unfortunately for him, as per tenancy agreement, I had an independent check out Inventory report that happened on last day of tenancy, after which the keys were given back to the managing agent. After an Inventory Report, either parts have 7 working days to disagree with it and ask for amendments. He never added any extra pictures or disagreed with the Inventory clerk. The property is currently on the rental market with a total of four different estate agents, so any damages not in that report could have happened any time after I gave back the keys.
As a good tenant who has wired rent on time, who has paid for professional cleaners at end of tenancy as per contract, who has left the property in excellent conditions, who waited 10 working days to hear from him about any suggested deductions (had he decided to ask for it within the right time frame) I certainly didn't like the tone of his email. That is when I started thinking about getting compensation as an option.
I think that also in my case, like for GloriousEuropa above, once the LL had to repay the deposit that he had pocketed, in breach of the Housing Act 2004, his mask slipped away and his greedy nature came out.
in regard to what I have lost after the end of tenancy: MY TIME. I consider my time as valuable. Instead I had to make multiple phone calls to the agent, various emails to them and to the landlord, spent time reading on Shelter's website, calling Citizen Advice Bureau and going through lengthy phone calls and waiting time online, to be aware of my rights.
As per the financial situation of the landlord, my remark is that someone that has a portfolio of investment properties and has experience in renting out should know laws and Acts better than let's say a couple that rents out their own home for the first time.
In any case, regardless of whether a deposit is refunded, partially or in full, the law allows 6 years to claim compensation from a landlord that has failed to register it into a scheme, so I have time to decide.

theartfullodger

Follow guidance here from the experts....
https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_compensation_claims

lookstraightahead

My landlord didn't protect my deposit - I got the whole amount back with both of us knowing full well he had broken the law. But we never mentioned it.

Up to you and you are within your rights. But I believe in karma and I'm not sure, if the deposit is in fact returned in full, what your compensation is for. I'm very happy to complain if I feel I'm in a position to, but on balance I wouldn't if I was in your situation (if full deposit is forthcoming)

theartfullodger

lookstraightahead wrote: »

My landlord didn't protect my deposit - I got the whole amount back with both of us knowing full well he had broken the law. But we never mentioned it.

Up to you and you are within your rights. But I believe in karma and I'm not sure, if the deposit is in fact returned in full, what your compensation is for. I'm very happy to complain if I feel I'm in a position to, but on balance I wouldn't if I was in your situation (if full deposit is forthcoming)

Deposit protection failure penalties were brought in after DECADES of landlords ripping off tenants: And after a change in the law to give the poor down-trodden landlords more time to protect the deposit (14 to 30 days...)


I am in favour of landlords complying with the law: And agents: And tenants: And MPs.. (not sure what chance with the last lot..)


Artful: Landlord

Arabella33

Thank you for your reply.
karma is exactly what is making me doubting if I should or I shouldn't.
I should, but do I want to?
I will wait, if the deposit is returned in full and quickly, then I'll decide.

wksd

Surely you have better use of your time. Get your deposit back, live your life.
The hours of effort that would go into taking him to court is just not worth it

ripplyuk

I’d definitely sue him.

If he had handed back the full deposit at the end of the tenancy, then I would have been ok with that but the fact that he started nit-picking over deductions would annoy me enough to go to court.

There’s also the point that he may do this to others if he does not learn that there are consequences.