Has anybody been awarded 3x their deposit because of TDS?

pippamannequin

RabbitMad wrote: »

K60sav,

In your position I would write to my LL asking for confirmation that my deposit was protected. I would also write to each of the schemes asking for confirmation in writing that my deposit hadn't been protected.

Then if it still wasn't protected I would start proceedings asking for the 3x penalty. Check out the consumer forums and landlord zone for advice.

I would take what premier is writing with a pinch of salt, I think that you are entitled to 3x your deposit (although I think this law is poorly drafted) but you've got to persuade a judge that that is the case too.

Hi, ive done all the above, except the schemes dont provide confirmation its not protected in writing, they only provide confirmation it is protected in writing if that makes sense! However all three have confirmed to me it isnt protected with any of them and have logged my request for that information.

As for persuading a judge of anything i wouldnt know where to start and the idea of going to court (how/what court/can i do this myself??) is not something im happy or confident about, but, i have a tenancy that i pay an over the odds rent on, ive requested certain repairs and theyve been ignored, ive requested information regarding my deposit and thats been ignored, however i pay my rent every month, on time and the house is kept immaculate.

I just feel im not going to be here for much longer and now am starting to worry about my deposit as without it returned i wont be able to move.

Premier_2

k60sav wrote: »

Hi, ive done all the above, except the schemes dont provide confirmation its not protected in writing, they only provide confirmation it is protected in writing if that makes sense! However all three have confirmed to me it isnt protected with any of them and have logged my request for that information.

As for persuading a judge of anything i wouldnt know where to start and the idea of going to court (how/what court/can i do this myself??) is not something im happy or confident about, but, i have a tenancy that i pay an over the odds rent on, ive requested certain repairs and theyve been ignored, ive requested information regarding my deposit and thats been ignored, however i pay my rent every month, on time and the house is kept immaculate.

I just feel im not going to be here for much longer and now am starting to worry about my deposit as without it returned i wont be able to move.

You can obtain the necessary forms to fill in from your local county court. They will also provide you with a number of leaflets to help you and will give you any advice needed to complete the forms (but not about the legitimacy or otherwise of the claim itself)

You could even request further free advice from the CAB who may even pass you over to one of their solicitors to give you legal advice, again free of charge.

Don't worry, a county court is quite an informal place, and the judge is well aware that members of the public bring their own cases of dispute usually without any help. The judge will take this into account when assessing the case and/or deciding on judgement.

Why do you think you'll be leaving the property soon? As I previously posted, the LL cannot enforce a notice under s.21 requesting their property back,

pippamannequin

Premier wrote: »

You can obtain the necessary forms to fill in from your local county court. They will also provide you with a number of leaflets to help you and will give you any advice needed to complete the forms (but not about the legitimacy or otherwise of the claim itself)

You could even request further free advice from the CAB who may even pass you over to one of their solicitors to give you legal advice, again free of charge.

Don't worry, a county court is quite an informal place, and the judge is well aware that members of the public bring their own cases of dispute usually without any help. The judge will take this into account when assessing the case and/or deciding on judgement.

Why do you think you'll be leaving the property soon? As I previously posted, the LL cannot enforce a notice under s.21 requesting their property back,

Thanks for this help. Im just finding the rent a struggle to be honest, £850 a month on my own with 2 teenage boys, i work and receive tax credits as a top up and a tiny amount of hb but there are similar houses to rent about £200 cheaper, it really is a high rent but at the time i took the property i was just grateful to find anywhere as id just split up with my husband and was desperate.
Now, back on my feet, looking around im thinking it would be a wise choice to move, but im not ready to go quite yet and i am concerned the effect this will have on references. Also as you've pointed out i cant be evicted until the deposit is protected, however if i take this to court then my deposit will be protected, therefor leaving me in a vulnerable position.

clutton_2

if you take this to court the judge may order the LL to pay you 3 times the deposit. the LL may pay - he may not - if he does not - you will have to go back to the court to ask for either a Bailiffs warrant - whereby a bailiff can remove belongings of the LL to be sold to pay you - or an Attachment of Earnings so that money is taken out of his wages/salary to pay you - if he is self employed this is not as easy.

i rarely say this, but, if you are looking for somewhere else to live, then i would move out and not pay the last months rent - he is not going to sue you - as he will have no "loss" as he has your deposit

Premier_2

If you still owe rent when you leave, your landlord is entitled to deduct this from your deposit. If you owe more than the value of your deposit your landlord can take you to court to get the rest of the money back.

If you are thinking of withholding the last month's rent in case the landlord refuses to return the deposit, bear in mind that you are legally liable to pay rent and your landlord could take you to court to recover it.

If you do withhold the last month's rent, make sure your landlord would have no other claim to your deposit. Repair any damage that may have occurred and be sure to keep records to show the condition you leave the property in and anything you have paid for such as cleaning. Keep the money in a separate bank account in case your landlord does try to claim it back.

http://england.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/tenancy_deposits/what_deposits_cover

mlz1413

haven't read all your posts - do you pay the LL direct and do you have the LL address?

Or is it via a LA? do you have LL private address or contact details via a business address?

It sounds from the amount of effort you have currently put in that you would like a result - but Cluttons post has hit the nail on the head. You can go to court and be awarded the money this does not mean you receive the money.

You have evidence that the deposit has not been protected, you say you can't get this in writing but I'm sure if you write to each scheme asking them to confirm your deposit reference number then they will have to write back saying your deposit is not with them. Armed with that you good ammunition if you move out without paying your last months rent in lieu of your deposit.

I also stress this is not normally good advise and will depend on if you need references from a previous LL.

pippamannequin

I do need references, not many new landlords would take me if any without.
Also, i wouldn't withold the rent, it feels wrong in itself to do that after ive struggled so much to make sure its paid every single month in full and on time, to then just not pay it seems in my mind to wipe all that out and just make me a tenant that can be knocked, where as at the moment i know i cant be!

Ok, so i can go to court, armed with the information that my deposit hasnt been protected and the guarantee from that is only that an order will be made for my deposit to be protected. But even then it still may not be.The 3 x fine mentioned is not set in stone, and its possible that i'll get evicted following this action. Not a great scheme after all lol

neverdespairgirl

Premier wrote: »

Having now had time to read the whole thread, perhaps it would be an opportune point to highlight what the law actually says regarding the subject matter of this thread:

Thank you for posting the actual statute.

It seems unclear whether the 3 x rule still applies if the deposit is protected late, rather than not at all.

OH says that law centres are finding that it is awarded in about 75% of cases, but of course I don't know how typical that is.

Premier_2

neverdespairgirl wrote: »

...OH says that law centres are finding that it is awarded in about 75% of cases, but of course I don't know how typical that is.

That's an interesting statistic. Is that 75% of cases where the LL appears in court even though it has been returned or protected? Or 75% of cases where the LL is unlawfully holding the deposit unprotected? (In the latter case I would hope it was nearer 100%)

Roughly how many cases does that cover in total?

Also, as you say, it may not be that typical. I guess it doesn't take into account cases that are dropped by mutual agreement before the court hearing (e.g. LL knows he would lose so either hands back deposit or protects it), or even if the LL was foolish enough not to do that, perhaps settles under the terms of a confidential settlement agreement reached by small claims mediation prior to the court hearing.

SteveyLomas

k60sav,

I am absolutely convinced KSav you should start thinking of what to do with your 3x deposit windfall. Yours is as clear a case as you could hope for, and you can log onto www.moneyclaim.org to start your case knowing full well you should win.

I would write a letter to the landlord saying unless you receive 3x deposit, or proof that deposit was placed in a TDS within 14 days of paying the deposit, you will in 7 days issue court proceedings.

When the 7 days expire, file your claim with www.moneyclaim.org. They will then be sent by the court details of the claim made by you. They have 14 days to file a response. If they don't, you will win by default and they will have to pay. If they do, you will have to go to court and you will win. After this they will have to pay. clutton mentioned you may have to get a warrant but this is fine. They will pay when you have a warrant. As property owners, they will probably have plenty of assets you can get your hands on. And they will be suffering every day there is a judgement upon them. Their credit will be affected. Better still, if they don't pay in 30 days, their name will be on the files for 6 years.

I've been through this process myself (there is a thread somewhere), it was incredibly simple and the process is very easy.

Good luck.