Deposit penalties 2-6x - Legalise Letter from Landlord - Help!

nyermen

I'm unclear on the "there are two tenancies interpretation" (surely a deposit would only count against one of them, and the other would have no deposit against it therefore? But im not any sort of legal person).

If i remember the wording of the act right, its along the lines of "will award between 1 and 3 times the deposit". (not "may award"...)

In this basis, I think the general view here was a court would definitely award at least 1 times the amount, and if you went in on that basis, it would be sound?

On a personal view, I think courts should more regularly consider more than 1x in the event of blatant disregard.  Such as this landlord who appears to have many properties and so can't claim ignorance (not that any landlord should but...)

Tigsy2222

Just a little update. I did go with a solicitors that do a no win no fee. (I've had a lot going on including an acas tribunal I self represented and didn't have the energy to do this myself too.) Anyway, all is proceeding, just signed witness statements and solicitors are about to apply for a court date. 

The landlord has refused to reply to 99% of the solicitors communications which is unfortunate for him as they are now going for the full penalty amount x2. There was a point where I might have accepted settlement if the landlord had tried. 

Not sure how long it will take to get to court but will update when we have a conclusion.

propertyrental

Tigsy2222 said:

Just a little update. I did go with a solicitors that do a no win no fee. (I've had a lot going on including an acas tribunal I self represented and didn't have the energy to do this myself too.) Anyway, all is proceeding, just signed witness statements and solicitors are about to apply for a court date. 

The landlord has refused to reply to 99% of the solicitors communications which is unfortunate for him as they are now going for the full penalty amount x2. There was a point where I might have accepted settlement if the landlord had tried. 

Not sure how long it will take to get to court but will update when we have a conclusion.

If you lose (unlikely) there'll be no solicitor's fee to pay (no win no fee).

But are you sure that if you win the court will award you your legal costs? If not, these could = or exceed whatever penalty you obtain. Have you discussed/checked this with your solicitors.....?

Tigsy2222

propertyrental said:

Tigsy2222 said:

Just a little update. I did go with a solicitors that do a no win no fee. (I've had a lot going on including an acas tribunal I self represented and didn't have the energy to do this myself too.) Anyway, all is proceeding, just signed witness statements and solicitors are about to apply for a court date. 

The landlord has refused to reply to 99% of the solicitors communications which is unfortunate for him as they are now going for the full penalty amount x2. There was a point where I might have accepted settlement if the landlord had tried. 

Not sure how long it will take to get to court but will update when we have a conclusion.

If you lose (unlikely) there'll be no solicitor's fee to pay (no win no fee).

But are you sure that if you win the court will award you your legal costs? If not, these could = or exceed whatever penalty you obtain. Have you discussed/checked this with your solicitors.....?

Thanks for that question, it's important for others to know. Yes, discussed. The answer is the solicitor will be asking the court for legal costs to be covered by the LL and if the full amount is not awarded an agreed percentage of my award will be used to cover that. The court case is coming up shortly so I will update when I know more.

saajan_12

Please do update with the result and the explanation from the judge, as much as they do elaborate - eg if there's a partial award of 2x deposit, is that a 1x multiplier on two deposits or a 2x multiplier on a single deposit. 

Tigsy2222

Well, am finally pleased to report that I was awarded a healthy penalty recently. It's taken a year. 

saajan_12 said:

Please do update with the result and the explanation from the judge, as much as they do elaborate - eg if there's a partial award of 2x deposit, is that a 1x multiplier on two deposits or a 2x multiplier on a single deposit. 

I wasn't provided with the judges explanation but due to the amount am pretty sure it was 2x on 2deposits with a little extra. Final penalty charge to LL was £3500 plus legal costs to solicitor of approx £800.

Just to be clear, if the LL hadn't tried to stiff me by lying about a breakage when I moved out I would never of checked if my deposit was protected. Therein lies the lesson for dishonest and greedy landlords. 

Grizebeck

Random question this wasn't in the north east was it

Tigsy2222

Grizebeck said:

Random question this wasn't in the north east was it

No it wasn't.

ripplyuk

@Tigsy2222 Well done! That’s an excellent result. It should make the landlord think twice before he does this to anyone else and is also a good lesson to other unscrupulous landlords. 

Grizebeck

As above we'll done !