Deposit Misery .... :O(

liz545

I see your point, I think the thing is that small claims like this aren't generally widely reported, so it'll take a while for reports to get through. As it's new legislation it's also likely that anyone who does take this to court will probably find that it's news to the judge hearing their case, but the rules are fairly unequivocal - it clearly states that LL's have to protect deposits with one of the two schemes within 14 days, or else they will have to pay a penalty. I must confess that I'm very curious to hear peoples experiences as it's pretty much a test case, but also it's worth bearing in mind that for most people, going to court is stressful and you have to weigh up whether it's right for you.

neverdespairgirl

I've heard of lots of cases where it's been awarded, through a law centre I'm in touch with.

barnaby-bear

neverdespairgirl wrote: »

I've heard of lots of cases where it's been awarded, through a law centre I'm in touch with.

It was mooted as indisputably awardable because the *really* wanted to make the scheme self-regulating and without a big incentive dodgy LLS wouldn't do it but I haven't heard of anyone I know getting it, haven't heard of anyone I know trying to either and given only tenancies lasting only 6 months and ending in the last two-three months would be eligible it must only be at the stage where the first few cases are going through.... I imagine most LLs who didn't protect it would also not have tried to keep it either to stay off the radar (a lot didn't want to register as the tax man has the register)

haylibo

neverdespairgirl, have you heard of anyone who should have been awarded the 3X who hasn't?

neverdespairgirl

haylibo wrote: »

neverdespairgirl, have you heard of anyone who should have been awarded the 3X who hasn't?

No, I've not heard of it - but it's not my area of law, so I've not been paying very close attention.

wisbech_lad

neverdespairgirl wrote: »

How's she learned her lesson? She didn't protect the deposit, she behaved really badly.

She apparantly hired legal council, who told her she is in the wrong. Likely that for her next tenant she will now stick to the law

neverdespairgirl

wisbech_lad wrote: »

She apparantly hired legal council, who told her she is in the wrong. Likely that for her next tenant she will now stick to the law

Legal counsel, more likely (-:

She may well have learned about protecting the deposit, yes. But her behaviour was absolutely awful, and no sign she's learned any manners.

diamond_dave

Well done, Tori Bellatrix. These landlords must be stopped, but spare a thought for us "good" guys.
Recently, I rented a flat to a young girl with a small child, Dss - but seems articulate, and appreciative of us letting the flat 2 her. Each month the rent is late -various excuses, etc. End of Jan I go to chase up the rent and hear running water in the flat!! On entering, I find water throughout, as something had chewed through a water pipe.This turned out to be a pet rat she was keeping for a friend.
Wet clothes, dirty stuff everywhere, rat s**t, damage to carpets, etc, etc amounting to almost a grand. On her return, she informs me that she is moving out and leaves me to clean, repair decorate everywhere. I have lost 2 months rent + the damage and worry. What about the deposit, I hear you say? Well, like a good landlord, I put the deposit in the Deposit Protection Scheme - but as she has now gone leaving no forwarding address, I am having real difficulty getting it back as she needs to sign the form. we are not all alike, thank goodness.

clutton_2

diamon dave - i had an abandoned property with no forwarding address for the tenant. Read theT&Cs of your scheme (if it is DPS - i can tell you exactly what to do). i had to go to a local solicitor with a signed statement that i had written saying exactly what had happened, i headed it a STATUTORY DECLARATION. You simply swear in front of the solicitor (who is a notary as well as a sol) that what you have written is true - you pay him £5, he stamps it as "sworn" and you then send this to DPS. All they care about is that they have the correct legal documentatin if the tenant shows up in the future. Each scheme will have a time frame after which if the tenant has not signed the "deposit release" forms this Stat Dec comes into force. If the "call centre" staff dont help or are obstructive, ask to speak to the Eviction Team.

if you want more help PM me with a phone number

bw

clutton_2

if the sols letter is headed WITHOUT PREJUDICE then you cannot show this in court.