Claiming money (tenancy deposit back) from someone into IVA / court fine

dan201

Very well, I guess the only thing I have left to do now is join this IVA to get £100 out of my £800... So much for justice!

ToxtethO'Grady

Did your landlord not put your deposit in a the tenancy deposit scheme? This has been in force since 2007 for assured shorthold tenancies.

https://www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

You can claim 3 times the deposit back if it hasn't been done. I would speak to Shelter and seek legal advice as I'm not sure your deposit could be included in the IVA as the correct legal procedure was not followed. It was a deposit not a debt so your landlord should have protected it.

dan201

I've spoken to many professionals and IVA experts (and the IP of my former landlord), it seems like I cannot sue my former landlord outside of the IVA, as the debt was pre-IVA, therefore I am bound by its terms even though I was not added as a creditor. And even if I did this person would not have the money to pay me anyway... I've tried every option to get my money back, now joining the IVA seems like the only one left... Only to get 13% of what I am owed...

ToxtethO'Grady

dan201 said:

I've spoken to many professionals and IVA experts (and the IP of my former landlord), it seems like I cannot sue my former landlord outside of the IVA, as the debt was pre-IVA, therefore I am bound by its terms even though I was not added as a creditor. And even if I did this person would not have the money to pay me anyway... I've tried every option to get my money back, now joining the IVA seems like the only one left... Only to get 13% of what I am owed...

You can't sue him outside of the IVA if the debt was meant to be in the IVA. Tenancy deposits should be protected if your tenancy is an assured shorthold. Was your tenancy not an assured shorthold?

As far as I can see that's the only way your landlord could have got away not putting your deposit in a tenancy deposit scheme. You should check if your landlord put your deposit in any of the tenancy deposit schemes. As it was your money all along the IP would find it hard to claim that it vested with them if it was in one of the schemes.

I think you are coming at this from the insolvency direction rather than housing.

This is not insolvency law it's housing law, an IP knows insolvency law they don't know housing law.

The landlord could evict you under housing law if rent arrears, even if they weren't under an suspended possession order, were included in any form of insolvency. You do not need an insolvency professional you need a housing solicitor or housing advice worker, Shelter are the best people to speak to.

dan201

My tenancy was indeed an assured shorthold, I was not a lodger and the landlord did not live with me. He was indeed supposed to protect my deposit but he obviously didn't. At the time of move in he gave me a deposit certificate that I found out later was a fake one. The reference number of the case with MyDeposit was actually his protected deposit with the lead landlord, as he was subletting to me. I left the place a while ago already so no chance of eviction.
Believe me I've tried everything I could to get my money back but it looks like I will only get £100 of the £800 I am owed. The main problem is I am bound by the terms of the IVA even though I didn't know about it... So I can't take ANY legal action against this person.