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Landlord didn't protect deposit

Hello,

I rented the property in London and I believe that my landlord didn't protect the deposit (they said that it will be protected with mydeposits but I have searched and there isnt't anything protected with them).

Tenancy ended and the landlord was slow to return deposit so I asked them to send me deposit protection document, which they didn't do. After a few weeks of asking, they finally returned my full deposit, but still didn't send protection document.

A few days ago, I asked again to get deposit protection document, and they didn't respond.

I think that they are really terrible landlord and that they didn't follow the regulations in terms of deposit protection. However, I do have to say that after a number of demands, I did get the full deposit back. That said:

1. Should I report this and take them to court?
2. Will I get any further compensation since I already received full deposit?
3. I exchanged all messages and demands from the landlord on whatsapp - will this be sufficient proof of demands?
4. Is there anything negative that can happen to me if I go to court (like any costs I might have to pay)?

Thanks!
«1

Comments

  • Stubod
    Stubod Posts: 2,526 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    ..you have your deposit back, so whats the problem??
    .."It's everybody's fault but mine...."
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    If you wish to issue a claim then please remember its a part 8 claim not a money claim as such
  • Mlasso said:

    1. Should I report this and take them to court?
    i would report them yes. take them to court, not sure worth the trouble.

    the issue is: you got your money back so you can say none of my further business, but you might have been just lucky.
    What about the next tenant? Some people dont learn if they are not being shown at least a yellow card. and protecting a tenants deposit is one of the most basic aspects of being a LL. if they dont even do that, probably very likely that there are even much bigger shortcomings too
  • theartfullodger
    theartfullodger Posts: 15,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 11 August 2023 at 12:38PM
    Good guidance on Shelter's website on claiming the up to 3x deposit penalty (to tenant) from landlords who fail to comply with the law on deposits.

    Law passed twice by parliament after years of landlords ripping off tenants.

    I am in favour of tenants complying with the law, likewise agents complying, likewise landlords complying.

    Is there a problem with my position please ?

    Artful: Landlord since 2000
  • Post 3: Deposits: Payment, Protection and Return.
  • Chrysalis
    Chrysalis Posts: 4,635 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    If you know you wont rent with this LL again, dont need him/her as a reference then go ahead, especially if you can get 3x back as compensation.
  • BobT36
    BobT36 Posts: 594 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    Stubod said:
    ..you have your deposit back, so whats the problem??
    Cause if such situations were never taken to task, what's the point of the scheme existing? Back to landlords playing silly buggers with circumventing the schemes, and using the tenant's deposit as their own personal money pot. 
    Imagine all the interest he'll have earned from all those tenant's deposits that he hasn't been protecting, AS IS THE LAW. 

    It's a principle thing, not just spite. The next tenant may not be so lucky (and why should the tenant hand over money for the landlord to enjoy unlawfully making interest on? That's not right)
  • BobT36 said:
    Stubod said:
    ..you have your deposit back, so whats the problem??
    Cause if such situations were never taken to task, what's the point of the scheme existing? Back to landlords playing silly buggers with circumventing the schemes, and using the tenant's deposit as their own personal money pot. 
    Imagine all the interest he'll have earned from all those tenant's deposits that he hasn't been protecting, AS IS THE LAW. 

    It's a principle thing, not just spite. The next tenant may not be so lucky (and why should the tenant hand over money for the landlord to enjoy unlawfully making interest on? That's not right)
    As a side-note:-  it's not pure profit you know.
    After all the overheads / expenses / etc... have been deducted the profit margin isn't as much as people think.
    Remember, Landlords are running a business, they're not doing it for the fun of it 🙄😠
  • Murphybear
    Murphybear Posts: 7,876 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 12 August 2023 at 7:55AM
    Good guidance on Shelter's website on claiming the up to 3x deposit penalty (to tenant) from landlords who fail to comply with the law on deposits.

    Law passed twice by parliament after years of landlords ripping off tenants.

    I am in favour of tenants complying with the law, likewise agents complying, likewise landlords complying.

    Is there a problem with my position please ?

    Artful: Landlord since 2000
    Of course not.  Sadly it’s not a perfect world so there will always be dodgy landlords, tenants and agents.  My experience of being a landlord, tenant and agent (ARLA advanced legal exams and properly trained :D) is that the majority of each are good.  My experience is working in mainly rural Devon and I do understand that is a very different animal from London and other large towns/cities.  


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