Deposit Issue AS Tenancy

romik

Hi, 
Property owner's letting agent has vanished, property has been let out last 3 years, deposit scheme was never set up and landlord didn't chase this with the management agent. Landlord doesn't think it's his responsibility to refund deposit as agent committed some sort of a fraud. 
I believe landlord still liable for the refund of deposit regardless of the above. 

My question is how much time should be permitted for landlord to issue refund of the deposit before pursuing it in small claims court? 

Thanks. 

Comms69

1 day      

MovingForwards

I would send a letter before action to the landlord, setting out how much is owed and giving 21 days to pay or proceedings will be started.

Don't forget it's 3x the deposit you can claim if it wasn't protected, doesn't mean a judge would award it as it's upto 3x.

theartfullodger

Send landlord a letter as per Shelter's excellent advice & draft letter here TODAY!

https://england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_get_your_tenancy_deposit_back

Landlord is also liable for up to 3xdeposit for failing to abide by the law: The law in place for well over 10 years.  The law revised to give poor little overstressed landlords more time to do a tiny bit of admin, or check their agent did it.....

Artful: Landlord since 2000: Oh I do hope my agents have been doing the admin right...... !!!

romik

Should I get a solicitor to penalise the landlord? He also never tested any of the electrical appliances, some of the newer furniture didn't have fire safety certificates, changed the locks without notice during lockdown when tenants were abroad and sent his representatives to clean the flat and stay there for 1 week without any notice who were stopped only by chance that our cleaners were alrwdy there and stopped his representatives coming in when they opened the door  themselves. 

Comms69

romik said:

Should I get a solicitor to penalise the landlord? He also never tested any of the electrical appliances, some of the newer furniture didn't have fire safety certificates, changed the locks without notice during lockdown when tenants were abroad and sent his representatives to clean the flat and stay there for 1 week without any notice who were stopped only by chance that our cleaners were alrwdy there and stopped his representatives coming in when they opened the door  themselves. 

Well a solicitor would only penalise you in terms of money... 

The rest is not going to get you any money. 

grumiofoundation

romik said:

Should I get a solicitor to penalise the landlord? He also never tested any of the electrical appliances, some of the newer furniture didn't have fire safety certificates, changed the locks without notice during lockdown when tenants were abroad and sent his representatives to clean the flat and stay there for 1 week without any notice who were stopped only by chance that our cleaners were alrwdy there and stopped his representatives coming in when they opened the door  themselves. 

You don’t need a solicitor to send letter before action regarding unprotected deposit.

These issues listed above are a separate issue.

Report landlord to local council for any breaches, e.g. lack of GSC - health and safety/environmental health (have to be honest sure what the department is actually called, may depend on your area?). 

Changing the locks can constitute an illegal eviction which is a criminal offence. See link for shelters advice on what to do.

https://england.shelter.org.uk/housing_advice/eviction/what_is_illegal_eviction

Comms69

grumiofoundation said:

romik said:

Should I get a solicitor to penalise the landlord? He also never tested any of the electrical appliances, some of the newer furniture didn't have fire safety certificates, changed the locks without notice during lockdown when tenants were abroad and sent his representatives to clean the flat and stay there for 1 week without any notice who were stopped only by chance that our cleaners were alrwdy there and stopped his representatives coming in when they opened the door  themselves. 

You don’t need a solicitor to send letter before action regarding unprotected deposit.

These issues listed above are a separate issue.

Report landlord to local council for any breaches, e.g. lack of GSC - health and safety/environmental health (have to be honest sure what the department is actually called, may depend on your area?). 

Changing the locks can constitute an illegal eviction which is a criminal offence. See link for shelters advice on what to do.

https://england.shelter.org.uk/housing_advice/eviction/what_is_illegal_eviction

I believe the GSC is reported to HSE

macman

There is no legal requirement to PAT test electrical appliances. 
You seem to be suddenly picking up on the LL's manifold deficiencies, but failed to bother checking for 3 years whether your deposit was protected?

romik

macman said:

There is no legal requirement to PAT test electrical appliances. 
You seem to be suddenly picking up on the LL's manifold deficiencies, but failed to bother checking for 3 years whether your deposit was protected?

I simply represent a relative who was a tenant and a foreign national in UK. Deposit scheme was landlord's responsibility to arrange directly or indirectly, not the tenant's responsibility, so your comment has 0 sense. Tenant wasn't aware of any deposit scheme, I brought this up now that tenancy is ending. 

Comms69

romik said:

macman said:

There is no legal requirement to PAT test electrical appliances. 
You seem to be suddenly picking up on the LL's manifold deficiencies, but failed to bother checking for 3 years whether your deposit was protected?

I simply represent a relative who was a tenant and a foreign national in UK. Deposit scheme was landlord's responsibility to arrange directly or indirectly, not the tenant's responsibility, so your comment has 0 sense. Tenant wasn't aware of any deposit scheme, I brought this up now that tenancy is ending. 

Unless your a solicitor (which youre not obviously) you dont represent anyone.