Deposit protected late.

greatcrested

Picking out the correct from the erroneous advice above:

* the deposit was registered late so the penalty can be claimed. There is no need for a 'loss' - it's a penalty, not compensation.

* the claim is against the landlord with whom the tenant had the contract. The agent can be named as co-defendant.

* The penalty is between 1 and 3 times the deposit, at the judge's discretion. The minimum award is 1 times the deposit. The judge must award at least that. In this case, since a) it was protected, albeit late and b) it's been returned the minimum is likely.

* really no need for a solicitor. Use Form N208 (and guidance notes)

More here:

Post 3: Deposits: Payment, Protection and Return.

ryanm8655

greatcrested said:

Picking out the correct from the erroneous advice above:

* the deposit was registered late so the penalty can be claimed. There is no need for a 'loss' - it's a penalty, not compensation.

* the claim is against the landlord with whom the tenant had the contract. The agent can be named as co-defendant.

* The penalty is between 1 and 3 times the deposit, at the judge's discretion. The minimum award is 1 times the deposit. The judge must award at least that. In this case, since a) it was protected, albeit late and b) it's been returned the minimum is likely.

* really no need for a solicitor. Use Form N208 (and guidance notes)

More here:

Post 3: Deposits: Payment, Protection and Return.

Really useful - thanks!

Will have a think about the moral case and consult my former flatmate. 

[Deleted User]

Legally you can do this.  But morally.., you are right to have a long hard think about proceeding.  The LL might have been naive and not checked what he should be doing with regards to the LA and the deposit but it sounds like he was one of the decent ones, did repairs, returned your full deposit with little or no fuss.  I'm not sure in your place this is a Landlord I'd want to slam to the pavement, whether the law says you can do it or not.  But obviously its your choice.

ryanm8655

deannatrois said:

Legally you can do this.  But morally.., you are right to have a long hard think about proceeding.  The LL might have been naive and not checked what he should be doing with regards to the LA and the deposit but it sounds like he was one of the decent ones, did repairs, returned your full deposit with little or no fuss.  I'm not sure in your place this is a Landlord I'd want to slam to the pavement, whether the law says you can do it or not.  But obviously its your choice.

Exactly - if the LA were liable it would be a different story. But yes, he was very good. Got ripped off by the LA as much as we did.