Deposit and prescribed information

confusedkiwi

Hi all,
I’ve just moved out of my property after a long battle with my landlord. I requested my deposit to be returned,and they are refusing to do so,despite no arrears or known deductions. Their solicitor has admitted that the prescribed information given to me was out of date at the start of the tenancy - I got paperwork for 2011 dps terms and conditions despite taking out the tenancy in January 2015. 

Would the out of date information render the deposit unprotected and would it allow me to claim for deposit compensation? 

Many thanks 

anselld

Unlikely.  A minor and fairly trivial error as the DPS terms change very little from year to year.  However, you should certainly start a claim for your deposit return.

tacpot12

It's a risky strategy, but you could suggest to the solicitor that you are taking advice on whether the prescribed information being out of date would allow you to claim for compensation, and hope that this information makes its way to the landlord thus prompting him to agree to release the deposit without delay. 

greatcrested

confusedkiwi said:

.... Their solicitor has admitted that the prescribed information given to me was out of date at the start of the tenancy - I got paperwork for 2011 dps terms and conditions despite taking out the tenancy in January 2015. 

Would the out of date information render the deposit unprotected and would it allow me to claim for deposit compensation?

If the deposit was protected, then ... it was protected!

However, if the PI was givin to the tenant late, then yes you can claim the penalty (ot 'compensation'). The court will have to award a penalty of between 1 & 3 times the deposit. In a case like this it is likely to be the minimum.

What exacr date did you pay the deposit?

What exact date was the PI provided?

See

Post 3: Deposits: Payment, Protection and Return.

If the LL is refusing to return the deposit but givig o reaso for doing so, make a single claim to the scheme. Read the scheme guide for how.

dimbo61

There maybe more to this story !
Than we know as too why the Landlord wants to keep all the deposit.
Go to the TDS and claim your deposit back.
The Landlord has to prove why they think they should keep the deposit.

confusedkiwi

Hi,thanks for the replies. There are no rent arrears or any damaged other than minor wear and tear that you’d expect after a six year tenancy. I’ve still not had my deposit returned and no reason for why it is not being returned. 

Wicked_Lady

Then why don't you make a claim through the system as suggested up thread?

Slithery

When did you put in your claim to the DPS for the full return of the deposit?

greatcrested

and how has the LL responded when you suggested legal action for the late registration?

dimbo61

" deposit compensation "
Your not asking for compensation your asking for the return of the deposit you paid to the Landlord some 6 years ago.
After 6 years the Landlord should expect fair wear and tear and needs to redecorate the property.
Unless you moved into a brand new property 6 years ago and the property is now filthy, with damage above fair wear and tear the Landlord should return your deposit.
If he has not given reasons why he wants to keep YOUR deposit he is already on sticky ground.
He needs proof of the condition of the property when you moved in and when you moved out.
Dated photos or better still a video done by an independent video inventory company.
Get onto the DPS and claim all your deposit back.
Refuse to accept any deductions