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

Comms69

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!

Yes, always. It's been the law for long enough.


You are guaranteed to receive at least 1x the value of the deposit and upto 3x.


It's free money.

lookstraightahead

Arabella33 wrote: »

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.

Sounds like what I would do. Other good comments on here too though, the law is there to protect. Good luck x

Comms69

wksd wrote: »

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

In all likelihood this will be settled with the grand cost of 40 minutes, a piece of paper, some ink, an envelope and a stamp.

lookstraightahead

theartfullodger wrote: »

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

I agree but unfortunately I knew a lot about the landlord and some heart wrenching personal stuff that had gone on in his life (he was fairly local). No excuses I know but I feel better for not taking it further and I felt sure he wouldn't do it again.

lookstraightahead

Comms69 wrote: »

In all likelihood this will be settled with the grand cost of 40 minutes, a piece of paper, some ink, an envelope and a stamp.

And a feather :D:

SmashedAvacado

I would make the claim. The law was put in place to stop landlord's failing to meet their legal obligations. he has failed to meet them, and you could have suffered as a result. You are arguable still suffering because your deposit is not protected. Karma is on your side. Take a holiday or give the money to charity once you have it if it makes you feel better, but landlords should comply with their obligations

G_M

If the LL was otherwise a great LL, and was what is commonly called 'an accidental landlord', I'd let it go.

But you say he has "numerous investments properties" so he should know what he's doing and has no excuse. And there are other tenants being left unprotected.

1) check all 3 deposit schemes just in case he used a different one.

• Deposit Protection Service
• MyDeposits - including deposits that were held by Capita
• Tenancy Deposit Scheme

2) email back today asking for a date when you willreceive the promised deposit. Wait till you've received it
3) if the deposit was genuinely not protected, send a 'Letter Before Action' to the landlord (copy agent) requesting 2 times the deposit within 7 days or legalaction will follow
4) if he pays, he's learned a lesson
5) if he offes 1 times maybe accept - up to you
6) if he refuses or ignores, start legal action via Form N208 (and guidance notes)

You will win. The court has no choice but to award you a penalty amount,but it can be from 1 - 3 times the deposit. If the deposit has been returned in full, it is likely to be either 1 times or 2 times, not the full 3 times..

How to make a tenancy deposit compensation claim



* Deposits: payment, protection and return

Marvel1

I would, simply because they messed you around and you had to chase it up.

Arabella33

G_M wrote: »

If the LL was otherwise a great LL, and was what is commonly called 'an accidental landlord', I'd let it go.

But you say he has "numerous investments properties" so he should know what he's doing and has no excuse. And there are other tenants being left unprotected.

1) check all 3 deposit schemes just in case he used a different one.
2) email back today asking for a date when you willreceive the promised deposit. Wait till you've received it
3) if the deposit was genuinely not protected, send a 'Letter Before Action' to the landlord (copy agent) requesting 2 times the deposit within 7 days or legalaction will follow
4) if he pays, he's learned a lesson
5) if he offes 1 times maybe accept - up to you
6) if he refuses or ignores, start legal action via
You will win. The court has no choice but to award you a penalty amount,but it can be from 1 - 3 times the deposit. If the deposit has been returned in full, it is likely to be either 1 times or 2 times, not the full 3 times..[/COLOR][/COLOR]

Thank you for your advice!
My only concern would arise after point 2. I left the property in excellent conditions, however there were two damages/repairs noted in the Inventory Report. the inventory clerk wrote "a dark mark on the wooden floor ( to give you an idea of size it was about half of a small glass ring) to be repaired by tenants and a few loose clips in a blind, that needed to be reclipped by tenants". I consider them minor damages and I would have taken responsibility for both, had the landlord come up with suggested deductions within the 10 working days following the report. I wasn't contacted about deductions before I started chasing them up, so I don't know how much the repairs could have costed me. In his last email the LL suggests that he might need to REPLACE the wooden floor, not adding any quote or cost.I find replacing a floor, or part of it, because of a mark, quite excessive, considering that around the mark there were scratches from previous tenancies, so changing it in my opinion would be a Betterment.
My doubt is: will the LL be able to oppose my claim, proving that with refunding the deposit in full, he had already negotiated and refunded more that I was due, so that the Court dismisses my compensation request and I am bound to pay court fees?

G_M

The two issues are separate.


The penalty for non-protection stands or falls on its own. If it was not protected, you will win. Follow steps 3 onwards.


If he proposes deducions from the deposit itself, you have to decide if they are fair or not. If they are, accept the deuctions. If not, challenge them, first wih the LL (to reach agreement) or add to your court action (if no agreement).


The only affect a dispute over the deductions could have would be to increase the penalty if the court believes the LL has acted unreasonably as well as failing to protect.


As for the two issues, it's interesting the report specifically says "to be repaired by tenants". In disputing a deduction you could quote this and say you are happy to retur to fix, but that it was the LL's failure to raise them as isues in a imely way that resulted in you having long-gone.