Rent Deposit not protected in 30 days

elevenoverzero

We are coming to the end of our tenancy and have checked the deposit is in the correct deposit protection scheme which it is but it was put in late well after the 30 days which is required. Is it worth actually requesting with the agents to get it back in full for this reason alone and suggesting if i took them to court i could in theory get 1-3 times as much back? Or would such a request backfire and how likely would I actually be in winning at court with costs back?

theartfullodger

End of tenancy - do you mean you are leaving? (If so who gave what notice to whom?).

If leaving the place suggest negotiate normal way over deposit, damage deductions etc first, then after say 2 months (ie after any need for reference etc) follow excellent guidance on Shelter website on suing for deposit penalties.

Silly landlord/agent.

Artful (landlord since ,2000)

lookstraightahead

This happened with me (it was never protected). I just let them know subtly that I knew, and I got my full deposit back. I didn't go to court - they were a good landlord and it was a mistake. What goes around comes around and it would have been unfair , but I had it on the back burner, just in case he tried to unfairly keep the deposit.

TripleH

I agree with the above although I'd keep stum for now.

It's a useful bargaining chip for exiting the property if landlord / agent is unreasonable. You may only get 1x the deposit back as penalty as whilst late, the judge may rule it was protected.

theartfullodger

I'm in favour of landlords, agents and tenants all complying with the law .

Strange that so many landlords seem to see these penalties as unfair.  Penalties brought in by parliament, passed in commons twice, second time to give poor downtrodden landlords twice as much time to abide by the law, simple but of admin.

Penalties brought in after years and years of tenants being ripped off by greedy landlords.

lookstraightahead

theartfullodger said:

I'm in favour of landlords, agents and tenants all complying with the law .

Strange that so many landlords seem to see these penalties as unfair.  Penalties brought in by parliament, passed in commons twice, second time to give poor downtrodden landlords twice as much time to abide by the law, simple but of admin.

Penalties brought in after years and years of tenants being ripped off by greedy landlords.

I don't disagree with this at all, but my landlord was lovely so I decided it was the right thing to do. 

Had my landlord not been a good landlord, things would have been different.

I was also a great tenant 👍

dimbo61

The Landlord of the Lettings Agents were stupid/lazy or just not on the ball with protecting the deposit but it has been protected !
I have No idea if there has been a good relationship between the Tenant/s and the LL/L.A. Over the time the tenancy has been in force but I hope you receive all your deposit back and leave the property in the same way you found it ( fair wear and tear permitted)
However I find it wonderful that Shelter ( who don't provide One home for any homeless people has a website dedicated to attacking landlords )
With fines of up to £30,000 and 5 years in prison for not obeying all the rules, regs and laws relating to renting I can see why so many landlords are selling up and reducing the number of available rental homes.

You only have to look at the current problems in Scotland and Eire to see the way that Wales and England will go
Fit for Habitation
Decent home standards 
EPC requirements will only add to the problem

jj_43

It might not work out that way. If the deposit is protected late, you can choose to go to court. There is no fantasy bargaining here. If the landlord got the hint, they may choose not to overlook any damage to the property, and claim on your deposit. It would be up to you to go to court for compensation, you would need to give the court reasons why (such as it was protected 10 days late), the landlord could state it was protected eventually (blame the agent probably) and give you £50, so what do you want to gain from the process exactly? The court system is quite equitable, so would not recognise your claim unless you gave good reasons for it.

macman

A 'good' LL should be perfectly capable of protecting the deposit within the 30 days allowed.

MobileSaver

theartfullodger said:

Strange that so many landlords seem to see these penalties as unfair.  Penalties brought in by parliament, passed in commons twice,

No more stranger than you often complaining about the Housing Act 1988 laws which were also brought in by parliament and passed in the commons. Just because something is the law doesn't mean everyone is going to be in agreement and happy about it.

macman said:

A 'good' LL should be perfectly capable of protecting the deposit within the 30 days allowed.

A good landlord is human just like the rest of us and can make a mistake meaning the deposit is protected a little later than it should be; no surprise that many think the punishment doesn't fit the "crime".

[Deleted User]

macman said:

A 'good' LL should be perfectly capable of protecting the deposit within the 30 days allowed.

Yes, a landlord who soundly implements procedures should be able to get his admin right.

The only downside for tenants might be that landlords factor in a cost to the rent in case of liability through error such as this.