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Failed deposit protection

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  • ThisIsWeird
    ThisIsWeird Posts: 7,935 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 1 February 2024 at 9:59AM
    Who actually determines the value of the typical "1-3x the deposit" penalty?
    If a tenant takes on this case on their own, what amount do they claim for? The max?!
  • propertyrental
    propertyrental Posts: 3,391 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 1 February 2024 at 1:24PM
    They claim the max.
    The judge decides the amount dependant on the severity of the failure eg
    * deposit registered and PI issued, but after 35 days instead of within 30, probably 1 x deposit
    * deposit never regisered and LL refusing to return it: 3 x penalty
  • pinkshoes
    pinkshoes Posts: 20,532 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It was definitely not protected, as I have checked all schemes and the landlord has verbally confirmed that there is no protection as the agency failed to protect. The form that the agency sent us was a DPS which we signed and emailed back. But it was never registered. The agency has also confirmed that they have checked all schemes and it is not there. As it comes to light following LL email, the money were transferred to him, not kept by the agency. However before submitting the claim I have asked the agency to show some sort of evidence that the money were transferred to him, but they ignored it. 
    Deposit was £1800, the fees taken so far £500. But it will be more, as the claim went to court. 
    With £500 fees so far, I hope the judge sees these as reasonable, given it would have been a simple small claims procedure not requiring a lawyer!

    Personally I'd be writing a "Letter Before Action" to the landlord and giving him 14 days to pay the sum of £3600 (2X the deposit) for failing to protect the deposit. 

    Make it clear that if he does not pay this amount within the 14 days, you will then start the legal process of taking him to court, and will be suing for 3X the deposit (as you are legally entitled to do) plus all legal fees, which already stand at £500. 

    Send with proof of postage. Hopefully the LL will have the sense to pay, which means you can then pay your NWNF lawyer and have some money left over. 
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Don't think the penalty for failure to protect the deposit is paid to the tenant, it's paid to the court as a fine. But T can use the threat of court action to get their deposit back, the threat would be to inform Environmental Heath if the failure, they should enforce the housing law. Suggest have a gentle chat with local Env.Health to confirm their role.
  • Robbo66
    Robbo66 Posts: 490 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Don't think the penalty for failure to protect the deposit is paid to the tenant, it's paid to the court as a fine. But T can use the threat of court action to get their deposit back, the threat would be to inform Environmental Heath if the failure, they should enforce the housing law. Suggest have a gentle chat with local Env.Health to confirm their role.
    No, it is paid to the tenant as its compensation
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