can I still claim compensation?

jenna0903

My landlord never protected my deposit and after confronting them regarding the issue they have now placed it in a scheme 2 days ago, even though tenancy started end of Arpil 2007.

Can I still claim through small claims court for compensation as deposit was not protected for over a year, even though it is now in a scheme????

Advice needed

Thanks

clutton_2

you might want to take him to court and be the first guinea pig test case for this and waste £150 if you lose - personally i would do nothing but wait till your tenancy comes to an end, see what the LL's attitude is at that point and think about your action then.

owitemisermusa

jenna0903 wrote: »

My landlord never protected my deposit and after confronting them regarding the issue they have now placed it in a scheme 2 days ago, even though tenancy started end of Arpil 2007.

Can I still claim through small claims court for compensation as deposit was not protected for over a year, even though it is now in a scheme????

Advice needed

Thanks

What's the point? The errant LL has now done the right thing (without any harm to you AFAIK) so why bother?

Compensation for what?

Ionkontrol

Everyone wants compensation. God help this country. Eventually the only people in work will be ambulance chasing solicitors.

badbobby

Ionkontrol wrote: »

Everyone wants compensation. God help this country. Eventually the only people in work will be ambulance chasing solicitors.

indeed. compensation is for a loss. as far as i can see you should be grateful that you've got a landlord who's adhearing to the change in regulations.

MissMoneypenny

jenna0903 wrote: »

My landlord never protected my deposit and after confronting them regarding the issue they have now placed it in a scheme 2 days ago, even though tenancy started end of Arpil 2007.

Can I still claim through small claims court for compensation as deposit was not protected for over a year, even though it is now in a scheme????

Advice needed

Thanks

At least your LL won't be able to issue you with a Section 21, as he didn't comply with the law and put your deposit in one of the schemes within 14 days of receiving it.

tbs624

Some of you are maybe being a bit harsh - if you check back, you'll maybe understand the OP's viewpoint. Her LL is apparently trying to sell up/install new tenants at a higher rent , gave Jenna notice verbally instead of in writing and threatened her about the LL seeking compensation if the she did not leave when the LL wanted her to. The LL also only complied with the law on the deposit a good year after being required to do so, and only after the tenant pressed for it (deposit originally paid in two halves), and probably because she realised that a S21 could not be served without it being registered.

The legislation is badly worded IMO and clearly more test cases are needed - the LL may well have to pay 3 x the deposit amount, but only the OP can decide whether she wants to pursue it. She may earn s sufficiently low income to get the small claims fees reduced/waived, or may be able to find a law centre who wants to push through a couple of test cases - http://www.clsdirect.org.uk/ may be able to advise.

Incidentally, if I don't pay my road tax or TV license fee now, but do so in a few months time when it suits me, or when someone has chased me up about it, will that be ok or will I have to pay a fine/"compensation" ?;)

SteveyLomas

Jenna - go for it. If the LL is messing you about, I think you have every right. The compo is for the time your deposit was unprotected. Ignore the bufoon who thinks you should be grateful for having a LL who vaguely obeys the law.

I too am seeking my 3x (there is a thread I started about it if you do a search). It is an absolute cinch to kick off and has only cost me £80 so far (for a £3k claim). I got the !!!! as the LA weren't returning my deposit a month after I had left, so I found out about this TDS, sent them a few letters saying I want 3x and my deposit back. Got the deposit straight away but thought I would carry on.

As to the legal position, if the deposit has been placed in a TDS, then that is an admission that it should have been of sorts. All in all you have about £80 to lose and 3x deposit to win - so it is worth finding out. It also shows the LL you can't be cowed and bullied. However, at the end of the day, you should look for somewhere new to live. If the LL wants you out, they aren't exactly gonna rush if you need some repairs done etc. In the long run it will just be more aggravation that its worth. Please think about what it will be like resisting for another year.

Personally I'm really looking forward to a day in court - hardly anything at stake and I get to call someone 'm'lud' in real life. I've even been practising launching my damning indictement of my letting agent (they held the deposit) in front of the mirror. I have almost upset myself with the stinging invective I have hurled at my reflection!

JimmyTheWig

Agreed. Can't see what you'd be wanting compensation for.

Edit: Written before the last two posts. I was agreeing with what was first replied. But I now see there's more to the story, so I'd say leave it but keep it as a threat for if they continue to mess you around.

owitemisermusa

The OP didn't indicate in this thread that there was more to the story ie LL gave notice but OP not keen to move out so notice invalid because of 'non protection of deposit'.

It appears that the legal position is unclear since part of the deposit was received before 06/04/2007.

Tozer

I think Jimmy's advice is the best. Let sleeping dogs lie....unless things get messy