Deposit protected 9 months late

HH94

Hello I'm moving out next week and I was looking for the deposit certificate and realised I never received one. So I searched the three deposit sites and found the one it was registered on, but 9 months late. I just had a few questions about writing a letter for compensation up to 3x the deposit. I'd really appreciate the help.

1. The landlord (a company) uses a property management company and a lettings agent. I paid my deposit and first month's rent to the lettings agent who advertised the flat. Atfer that all rent has been paid to property management (as well as all communication). Should I send the letter to the lettings agent or property manaegement? or both?

2. Should I sent a physical letter or is email okay? Should a letter be signed for?

3. Condensation/damp problems have been constant despite trying everything I could. Over a year ago property management said they were looking at getting the windows replaced to fix this problem. This never happened. They kept ignoring emails and finally replied recently saying it's not a priority for the landlord so it won't be happening for a while yet. Due to this problem the walls under the windows have peeling paint/damp. The bathroom celing was also leaking for two months. They ignored it for weeks so there are damp patches all over the ceiling and the paint is peeling on the walls too. When they tried to fix the leak it kept coming back. Should I mention all this in the letter? 

4. Do I need to send anything else with the letter like a copy of the deposit certificate I downloaded?

Thanks for the help.

SpiderLegs

1. The landlord at the address on your contract, cc to the management co.
2. physical letter, not signed for,  backed up by email.
3. not relevant
4. no.

theartfullodger

It's not compo, it's a penalty for stupid lazy ignorant landlords or agents.

HH94

SpiderLegs said:

1. The landlord at the address on your contract, cc to the management co.
2. physical letter, not signed for,  backed up by email.
3. not relevant
4. no.

Thanks SpiderLegs. Should I offer a lower compensation than the 3x, e.g. my deposit returned in full plus 2x deposit?  Also, since I am moving out in one week should I tell them to write to the new address if they respond after one week but write to my current address if responding within a week?

Robbo66

HH94 said:

SpiderLegs said:

1. The landlord at the address on your contract, cc to the management co.
2. physical letter, not signed for,  backed up by email.
3. not relevant
4. no.

Thanks SpiderLegs. Should I offer a lower compensation than the 3x, e.g. my deposit returned in full plus 2x deposit?  Also, since I am moving out in one week should I tell them to write to the new address if they respond after one week but write to my current address if responding within a week?

if you took this to court the judge would most likely only award 1x as the deposit has now been registered albeit late. You would also get your initial deposit back as well.

canaldumidi

3 times deposit is awarded in most serious cases. In this case, the deposit was protected, albeit late, so likely to receive 1 (or 2) times the deposit.

Just refer to the Housing Act and request appropriate payment else you will go to court.

1) your contract is with the landlord. Write to him at address "for serving notices" on him. Copy to agent

2) does the contract say email is acceptable? If not, send a letter

3) ?? nothing to do with the depost

4) No

newsgroupmonkey_

HH94 said:

SpiderLegs said:

1. The landlord at the address on your contract, cc to the management co.
2. physical letter, not signed for,  backed up by email.
3. not relevant
4. no.

Thanks SpiderLegs. Should I offer a lower compensation than the 3x, e.g. my deposit returned in full plus 2x deposit?  Also, since I am moving out in one week should I tell them to write to the new address if they respond after one week but write to my current address if responding within a week?

It's not automatic. The law says 1-3x your deposit. The 3x is for an unscrupulous landlord that makes absolutely no attempt to protect the deposit and spends it so can't return it. 1x is for cases like this where they clearly intended to, but forgot and put right the wrong. In fact, if they could give a decent reason (particularly for a company - they might say they were trying to do XYZ to the business and this got overlooked) a judge might throw it out.

Read what the Citizens Advice say. It's "Could"

https://www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/taking-your-landlord-to-court-if-they-havent-followed-the-deposit-rules/

You'll not get 3x back. I'd be highly surprised if you get 2x back. They'd be going to court first as it's a lot of money. And any gripes you might have regarding what they did or didn't would be cast off as "whataboutery" by a Judge.

HH94

canaldumidi said:

3 times deposit is awarded in most serious cases. In this case, the deposit was protected, albeit late, so likely to receive 1 (or 2) times the deposit.

Just refer to the Housing Act and request appropriate payment else you will go to court.

1) your contract is with the landlord. Write to him at address "for serving notices" on him. Copy to agent

2) does the contract say email is acceptable? If not, send a letter

3) ?? nothing to do with the depost

4) No

Thanks, my tenancy agreement has the landlord's company name c/o the property management and the latter's address. So I've written the letter like that. But do you mean send a separate copy addressed to the lettings agent too or put all three after "Dear"?

I'm just wondering how it's going to work with getting my deposit back when there are damages and if it will form part of the negotiation with this compensation/penalty. E.g. they might give me 1x compensation but try and take the full deposit back to balance it out! They're a terrible company and I don't trust they're going to be fair. 

HH94

newsgroupmonkey_ said:

I'd be highly surprised if you get 2x back. They'd be going to court first as it's a lot of money.

So is going to court, and I don't know how you've concluded that 2x is "a lot of money" when you don't know the value of the deposit. It's a cheap studio flat, it's a small amount relative to court costs. And I would rather make them pay for court than take 1x. They are the worst landlord I've dealt with. It shouldn't even be legal to live in these conditions with leaking ceilings, windows, and walls. And I think taking 10 months to protect the deposit speaks to their lack of care and urgency.

grumiofoundation

HH94 said:

canaldumidi said:

3 times deposit is awarded in most serious cases. In this case, the deposit was protected, albeit late, so likely to receive 1 (or 2) times the deposit.

Just refer to the Housing Act and request appropriate payment else you will go to court.

1) your contract is with the landlord. Write to him at address "for serving notices" on him. Copy to agent

2) does the contract say email is acceptable? If not, send a letter

3) ?? nothing to do with the depost

4) No

Thanks, my tenancy agreement has the landlord's company name c/o the property management and the latter's address. So I've written the letter like that. But do you mean send a separate copy addressed to the lettings agent too or put all three after "Dear"?

I'm just wondering how it's going to work with getting my deposit back when there are damages and if it will form part of the negotiation with this compensation/penalty. E.g. they might give me 1x compensation but try and take the full deposit back to balance it out! They're a terrible company and I don't trust they're going to be fair. 

The landlord doesn't determine how much deposit is 'taken back'.

As your deposit is now protected the return of the deposit and any deductions for damage etc that you don't agree to will be determined by the tenancy deposit scheme. If you don't agree with any proposed deductions you don't agree to them.  Your landlord will have to provide evidence to deposit scheme it they want to make deductions. And deposit scheme will arbitrate. 

In terms of claiming the penalty you can claim the penalty after your deposit has been returned to you and after you have moved out.

See link for draft letter before actions from shelter. As you can see are different letters depending on when you are claiming it back. 
https://england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_make_a_tenancy_deposit_compensation_claim

grumiofoundation

newsgroupmonkey_ said:

HH94 said:

SpiderLegs said:

1. The landlord at the address on your contract, cc to the management co.
2. physical letter, not signed for,  backed up by email.
3. not relevant
4. no.

Thanks SpiderLegs. Should I offer a lower compensation than the 3x, e.g. my deposit returned in full plus 2x deposit?  Also, since I am moving out in one week should I tell them to write to the new address if they respond after one week but write to my current address if responding within a week?

It's not automatic. The law says 1-3x your deposit. The 3x is for an unscrupulous landlord that makes absolutely no attempt to protect the deposit and spends it so can't return it. 1x is for cases like this where they clearly intended to, but forgot and put right the wrong. In fact, if they could give a decent reason (particularly for a company - they might say they were trying to do XYZ to the business and this got overlooked) a judge might throw it out.

Read what the Citizens Advice say. It's "Could"

https://www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/taking-your-landlord-to-court-if-they-havent-followed-the-deposit-rules/

You'll not get 3x back. I'd be highly surprised if you get 2x back. They'd be going to court first as it's a lot of money. And any gripes you might have regarding what they did or didn't would be cast off as "whataboutery" by a Judge.

Not really clear what you are trying to say here?
Obviously it is 'might' in the link since citizens advice cannot guarantee that the deposit has been incorrectly protected. 


You post seem to be implying that in the event of a deposit not being correctly protected the judge can throw the case out if the landlord provides a 'decent' reason. This is not the case. Have you read the actual legalisation?

If the landlord is found to have not complied with the rules the court does not have discretion to throw the case out. They must award between 1-3 as a penalty (this is separate to return of deposit). 



What do you mean by 'they'd be going to court'? Who is they?
It costs £308 for tenant to bring the case. Although landlord would have to pay that as well if they lose.