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

pippamannequin

Hi, i was just trying to do a bit of research about this tenancy deposit scheme as my landlord still hasn't given me any information on what's been done with my deposit that i paid before moving in at the end of October...They were made fully aware of the scheme in writing by my local council who contributed towards my deposit as id had to put myself on the housing register.

I asked them again early in December and was told they'd get onto it but haven't heard from them again since.

Im quite intimidated by them as i was very lucky to get my house and I really dont want to complain that it's not in a protected scheme but recently my husband who i left when i moved here came round to my house and the police had to be called.

There wasnt any damage done, he'd kicked the door when i opened it, but not damaged it if you know what i mean...and i called the police (as i was very frightened) and he was arrested and i pressed charges.

Following this my landlord said they wouldn't tolerate this and 'if it happened again' then 'they'd have to look for a new tenant'.

Now, dont get me wrong, i fully understand that no landlord would want their property damaged and i can assure you nor do i, i take care of my home with the greatest pride and it is immaculate, i pay my rent by its due date every month, that is, very very high, but, in my mind worth it because i felt i had security here, however i am beginning to feel that because of this incident, that i had no control over, and reacted to sensibly and thoroughly, my tenancy may be unstable.

So basically, Ive done a little research and on the Shelter website it clearly says that if my deposit hasn't been protected i can apply to the court for it to be protected, and the court also fines the landlords 3x the amount of deposit.
It also says if my deposit hasn't been protected then also the usual grounds for eviction under a short-hold tenancy no longer stand ie 2 months notice

Does anyone have any further information on these facts?

Im just trying, if i can to find out where i stand if my landlords decide to evict me, they may feel they have reason to, and I'm sure some may feel they do also, but that aside, its the questions regarding the deposit that I'm looking for answers to! Thankyou!

tbs624

If you think there is a likelihood of eviction you should make an appointment to see a housing advice worker straight away - make an appointment with the CAB or the private tenancies officer at the council. (You could also see a solicitor - you can take out an injunction to keep your former partner from calling at your home or harassing you elsewhere, as well as getting housing advice)

Non payment of a deposit in to one of the schemes does stop the LL from using what is called a S21 Notice but there are other grounds for eviction thats/he may try to use.
AFAIAA no-one has yet been awarded 3 times their deposit by a court - I think the first case is due to be heard sometime in April.

RabbitMad

there is an interesting thread here:-

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/124339-tenancy-ended-deposit-not-5.html

Basically from the plantiff's point of view the judge has failed to grasp the issue and is treating the case as a simple deposit deduction

Tori_Bellatrix

RabbitMad wrote: »

there is an interesting thread here:-

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/124339-tenancy-ended-deposit-not-5.html

Basically from the plantiff's point of view the judge has failed to grasp the issue and is treating the case as a simple deposit deduction

I've been following that thread as well ... very interesting. During my recent deposit battles (which I got back in full luckily without going to court), my solicitor warned me of all the problems of going to court for the 3x penalty. Being an untried and untested law, he warned of the problems that might arise with judges being lenient or LL being able to satisfy the judge they acted corrected regardless of the fact that the legislation seems to be clear cut!

RHemmings

There are some cases in progress over on LandlordZone too.

http://www.landlordzone.co.uk/forums/showthread.php?t=9061&page=7

zebulon

RHemmings wrote: »

There are some cases in progress over on LandlordZone too.

http://www.landlordzone.co.uk/forums/showthread.php?t=9061&page=7

aaah, reading this is making me so :mad: and depressed - it just seems so unfair!

RHemmings

zebulon wrote: »

aaah, reading this is making me so :mad: and depressed - it just seems so unfair!

I think there needs to be some case law where a tenant gets the 3x deposit penalty paid to them. Until then the courts don't seem to know what to do.

zebulon

RHemmings wrote: »

I think there needs to be some case law where a tenant gets the 3x deposit penalty paid to them. Until then the courts don't seem to know what to do.

but how is it to ever happen !
if the courts don't know what to do in the first place...how will a case law ever be. (mh maybe i don't how case law works though)

hope these people get it all sorted.

RHemmings

zebulon wrote: »

but how is it to ever happen !
if the courts don't know what to do in the first place...how will a case law ever be. (mh maybe i don't how case law works though)

hope these people get it all sorted.

Hopefully someone somewhere will get it right.

Guy_Montag

:mad::mad::mad::mad: !!!!!!!

!!!!!! is going on with the judicial system that they don't seem aware of the law; or, as in the case of Generali, the judge says that £1600 is not worth taking to the small claims court - clue is in the title - SMALL CLAIMS - f'ckwit