Forgot to do do deposit protection schemeion

canaldumidi

theoretica said:

Section 8 also has grounds for when the tenant has damaged the property - how bad does this need to be to be likely to be granted?

Good point.

Schedule 2 G13, G15 but note these are both discretionary so you'd need to convince a judge of the seriousness.

saajan_12

andrewjb3 said:

One comment is that if, say, you've signed a new tenancy every 6 months, and they've been there for 5 years then there are potentially 10 tenancies that you've failed to protect. So you might be looking at 10x the deposit or more etc.

Yeah, no. Its one tenancy, one deposit paid, with many fixed term contracts. One penalty of 1-3x deposit. 

canaldumidi

andrewjb3 said:

One comment is that if, say, you've signed a new tenancy every 6 months, and they've been there for 5 years then there are potentially 10 tenancies that you've failed to protect. So you might be looking at 10x the deposit or more etc.

Ignore this erroneous advice. It's one tenancy.

JuanBallOfWimbledon

canaldumidi said:

andrewjb3 said:

One comment is that if, say, you've signed a new tenancy every 6 months, and they've been there for 5 years then there are potentially 10 tenancies that you've failed to protect. So you might be looking at 10x the deposit or more etc.

Ignore this erroneous advice. It's one tenancy.

I’m no solicitor, but I think  @andrewjb3 could be correct here. Very end of last year we were given an invalid s21 (no gas cert and no prescribed info for deposit). Landlord was fairly agressive and sent texts and emails threatening illegal eviction if we didn’t leave. We contacted our solicitor, who wrote a letter laying down the law. He also told us that we could make a claim for up to 3 x our deposit x 6 tenancy renewals. He cited the fairly recent case (maybe 2019) of Liaw v Sohal. 

Again, I’m no expert and this may be wrong, just what our experienced (in landlord/tenancy disputes etc) solicitor told us. We aren’t interested in getting the above compensation, btw. Just wanted time to complete on our house - which we got. 

Rumana03

Does your sister have home insurance for the property? If she does then she may have legal cover so should be able to get advice from a solicitor and help with all of this.

Robbo66

JuanBallOfWimbledon said:

canaldumidi said:

andrewjb3 said:

One comment is that if, say, you've signed a new tenancy every 6 months, and they've been there for 5 years then there are potentially 10 tenancies that you've failed to protect. So you might be looking at 10x the deposit or more etc.

Ignore this erroneous advice. It's one tenancy.

I’m no solicitor, but I think  @andrewjb3 could be correct here. Very end of last year we were given an invalid s21 (no gas cert and no prescribed info for deposit). Landlord was fairly agressive and sent texts and emails threatening illegal eviction if we didn’t leave. We contacted our solicitor, who wrote a letter laying down the law. He also told us that we could make a claim for up to 3 x our deposit x 6 tenancy renewals. He cited the fairly recent case (maybe 2019) of Liaw v Sohal. 

Again, I’m no expert and this may be wrong, just what our experienced (in landlord/tenancy disputes etc) solicitor told us. We aren’t interested in getting the above compensation, btw. Just wanted time to complete on our house - which we got. 

this is not a set outcome and a different judge may not give that level of penalty which is what happened in Howard Davis v Scott
that of course doesnt stop you bringing Liaw v Sohal to the judges attention as something to consider but the other side can quote Howard Davis v Scott as well. As these judgements were made in the county court they do not set a president and to my knowledge similar cases have yet to make it to appeal at a higher court.

JuanBallOfWimbledon

Robbo66 said:

JuanBallOfWimbledon said:

canaldumidi said:

andrewjb3 said:

One comment is that if, say, you've signed a new tenancy every 6 months, and they've been there for 5 years then there are potentially 10 tenancies that you've failed to protect. So you might be looking at 10x the deposit or more etc.

Ignore this erroneous advice. It's one tenancy.

I’m no solicitor, but I think  @andrewjb3 could be correct here. Very end of last year we were given an invalid s21 (no gas cert and no prescribed info for deposit). Landlord was fairly agressive and sent texts and emails threatening illegal eviction if we didn’t leave. We contacted our solicitor, who wrote a letter laying down the law. He also told us that we could make a claim for up to 3 x our deposit x 6 tenancy renewals. He cited the fairly recent case (maybe 2019) of Liaw v Sohal. 

Again, I’m no expert and this may be wrong, just what our experienced (in landlord/tenancy disputes etc) solicitor told us. We aren’t interested in getting the above compensation, btw. Just wanted time to complete on our house - which we got. 

this is not a set outcome and a different judge may not give that level of penalty which is what happened in Howard Davis v Scott
that of course doesnt stop you bringing Liaw v Sohal to the judges attention as something to consider but the other side can quote Howard Davis v Scott as well. As these judgements were made in the county court they do not set a president and to my knowledge similar cases have yet to make it to appeal at a higher court.

Of course, that’s why I said ‘could make a claim for up to…’ rather than ‘would be awarded’. I was just pointing out that what the previous poster (who also used the word ‘potentially’) said wasn't necessarily incorrect - ie. it hasn’t always been a case of ‘one tenancy, one deposit paid, with many fixed term contracts. One penalty of 1-3x deposit’. I understand how the process works and the discretion available within it. 

simon_or

JuanBallOfWimbledon said:

canaldumidi said:

andrewjb3 said:

One comment is that if, say, you've signed a new tenancy every 6 months, and they've been there for 5 years then there are potentially 10 tenancies that you've failed to protect. So you might be looking at 10x the deposit or more etc.

Ignore this erroneous advice. It's one tenancy.

I’m no solicitor, but I think  @andrewjb3 could be correct here. Very end of last year we were given an invalid s21 (no gas cert and no prescribed info for deposit). Landlord was fairly agressive and sent texts and emails threatening illegal eviction if we didn’t leave. We contacted our solicitor, who wrote a letter laying down the law. He also told us that we could make a claim for up to 3 x our deposit x 6 tenancy renewals. He cited the fairly recent case (maybe 2019) of Liaw v Sohal. 

Again, I’m no expert and this may be wrong, just what our experienced (in landlord/tenancy disputes etc) solicitor told us. We aren’t interested in getting the above compensation, btw. Just wanted time to complete on our house - which we got. 

Very interesting, thanks for sharing. As a landlord, I had no idea that this was even possible, I don't think even my letting agent is!

This is a link to the case

https://www.landlordzone.co.uk/news/legal-case-liaw-v-sohal-a-question-of-multiple-tenancy-deposit-fines/