Can I take my landlord to court?

Mr_LoL

I am wondering if I can take my landlord to small claims court to get my deposit back?
I moved in to where I am now on the 21st of December. My landlord never protected my deposit in accordance with the tenancy deposit scheme and didn't send me the required information within 14 days.

I sent him a text today asking where the certificate was and he says it was the estate agent thats supposed to be doing it. The estate agent says him. He sent me another text later saying he would be getting the letter sent out from his accountants today. Well its over the 14 day period notification period so I would like to take him to court for not complying with the regulations.

He has only just started complying with the regulation when I have told him to today. Just wondering if anyone has any experience in things like this and how strong my case is?

Snooze

You're wasting your time. Even if you do win, the judge will let him pay it back at 2 pence per week and you won't even see that because he'll disappear into the moonlight just like everyone else that owes money that gets taken to court.

Sorry but that's the reality of it I'm afraid.

Rob

Mr_LoL

Snooze wrote: »

You're wasting your time. Even if you do win, the judge will let him pay it back at 2 pence per week and you won't even see that because he'll disappear into the moonlight just like everyone else that owes money that gets taken to court.

Sorry but that's the reality of it I'm afraid.

Rob

Thats not the question I asked is it Snooze? Do I have a case here? I hate unscrupulous landlords. I am still in the property so he can't really disappear anywhere can he.

MissMoneypenny

There is a support thread on this created by lynzpower(?) on this board, but not sure how far back it is.I'll see if I can find it.

This is another thread on it:
http://forums.moneysavingexpert.com/showthread.html?t=675601

SquatNow

Snooze wrote: »

You're wasting your time. Even if you do win, the judge will let him pay it back at 2 pence per week and you won't even see that because he'll disappear into the moonlight just like everyone else that owes money that gets taken to court.

Except of course that it's dificult to disappear when you own property.

If the LL said he couldn't afford to pay it the tennant could ask for a charge to be put on the property.

Rule of thumb is if you ask a judge to let you spread payments you'de better be able to come up with a good reason why.

If you disappear without paying it becomes contempt of court and you could go to jail.

Mr_LoL

So do I have a case then? The deposit as of today is now in one of these 3 schemes. It should have been done within 14 days of me moving in and the information should have been sent within this time. I moved in on the 21st of December.

Mr_LoL

Anyone? The landlord has now complied with the law of of today when I made him aware. Surely that can't be it?

Snooze

SquatNow wrote: »

Except of course that it's dificult to disappear when you own property.

If the LL said he could afford to pay it the tennant could ask for a charge to be put on the property.

Rule of thumb is if you ask a judge to let you spread payments you'de better be able to come up with a good reason why.

If you disappear without paying it becomes contempt of court and you could go to jail.

Very naive of you to think that and your argument is severely flawed. For a start, how do you know the landlord is who s/he says they are? Secondly, most tenants don't know where their landlord's live and thirdly, the contact numbers they provide will usually be either a PAYG mobile number or a VOIP PSTN number if they have no intention of giving you your deposit back.

Mr LOL, sorry I don't know if you've got a case; my point was that even if you do, you're unlikely to see your money.

Rob

Mr_LoL

Snooze wrote: »

Very naive of you to think that and your argument is severely flawed. For a start, how do you know the landlord is who s/he says they are? Secondly, most tenants don't know where their landlord's live and thirdly, the contact numbers they provide will usually be either a PAYG mobile number or a VOIP PSTN number if they have no intention of giving you your deposit back.

Mr LOL, sorry I don't know if you've got a case; my point was that even if you do, you're unlikely to see your money.

Rob

Ok. The landlord probably thinks I am a freloader. Trying to get something from nothing but rules are rules.

Snooze

Someone should be along to answer your specific questions about your deposit soon.

Rob

silvercar

Your landlord broke the rules, you can take him to court, you may even win your case.

The landlord will offer in defence that he thought the letting agent was sorting it; he knows it was his responsibility and he apologises to the tenat and the judge. In mitigation he says that he sorted the problem as soon as he was made aware of it.

Now the judge can either be sympathetic or not, its a risk you take in going to court. If you look around the net you will see cases where tenants have lost in similar cases and ones where they have won.

Now think of your own situation. How happy are you living in your current property? When does your fixed term AST end? Because as sure as light follows day, you will be served a section 21 notice and be looking for new accomodation from that date.