Can I take my landlord to court?

chappers

I don't actually see how the OP can go to court .
What are they actually going to claim for, this won't be a small claims issue for money owed as there isn't any money owed .
It would be for a breach of statute to try and make an enforcement for something that has already been rectified.

Personally speaking i think you will be wasting your time and money. the idea is to protect your deposit in the event of a dispute between you and your landlord, you now have this in place so just be happy and leave it at that.
good luck if you do go down the court route, but I suspect it will be you out of pocket along with being issued with an S21

Mr_LoL

Bungarm2001 wrote: »

You say that the LL or LA whatever only protected your deposit after you asked them about it, and this nearly 6 months after the start of your tenancy.

My question is when did YOU actually realise that it should have been protected and you could have a case for taking this to small claims?

My gut feeling is that you are a freloader.

Tired of unscrupulous tenants to be honest.

Last week. I don't know anything about this landlord. He could be in Mortgage arrears. Next thing I know I could receive an eviction notice and bam my deposit is gone because it wasn't protected. See when I am coming from?

Mr_LoL

If your landlord or agent hasn't protected your deposit AND provided the required information within 14 days, then you can apply to the county court for an order that the landlord or agent should pay the deposit back to you, or protect it in one of the tenancy deposit protection schemes. The court will also order the landlord or agent to pay you compensation equivalent to three times the value of the deposit you paid. The landlord or agent must do all of these things within 14 days of the court order.
In addition, if your landlord or agent hasn't protected your deposit AND provided the required information within 14 days, then there are restrictions on how they can evict you. Normally, landlords of assured shorthold tenants can evict a tenant by giving you a minimum of two months' notice and then getting a court order without having to show a reason. This is known as the 'shorthold ground'. However, if your landlord or agent hasn't protected your deposit and provided the required information within 14 days, then they cannot use the shorthold ground to evict you

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Well....
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barnaby-bear

Mr_LoL wrote: »

Last week. I don't know anything about this landlord. He could be in Mortgage arrears. Next thing I know I could receive an eviction notice and bam my deposit is gone because it wasn't protected. See when I am coming from?

The deposit is now protected though. The fine was a stick to persuade LLs to comply, your LL has now and whilst technically you may be able to claim 3x the deposit some cases of retrospective protection have been thrown out. Pursuing the issue seems a little odd. The subsidised small claims court system is there to provide people with accessible affordable access to the legal system. It was understrain pre the deposit scheme hence it's introduction to try and take the cases out of the system with the deposit scheme. I think judges will get very tired of people with pretty weak cases trying it on for some free money. I don't see what you hope to achieve and do resent subsidising the court system for you to do so, you're taking resource away from people with far more genuine cases.
If you have all these defaults and CCJs it kind of suggests you haven't exactly fulfilled your whiter than white legal contractual obligations.

Mr_LoL

barnaby-bear wrote: »

The deposit is now protected though. The fine was a stick to persuade LLs to comply, your LL has now and whilst technically you may be able to claim 3x the deposit some cases of retrospective protection have been thrown out. Pursuing the issue seems a little odd. The subsidised small claims court system is there to provide people with accessible affordable access to the legal system. It was understrain pre the deposit scheme hence it's introduction to try and take the cases out of the system with the deposit scheme. I think judges will get very tired of people with pretty weak cases trying it on for some free money. I don't see what you hope to achieve and do resent subsidising the court system for you to do so, you're taking resource away from people with far more genuine cases.
If you have all these defaults and CCJs it kind of suggests you haven't exactly fulfilled your whiter than white legal contractual obligations.

So because I have defaults I am not within my rights to make a claim ? :rotfl: The creditors are within their rights to take me to court and issue a ccj with various enforcement options.
If I get caught driving without insurance and then comply I will still be punished even though I complied 2 hours later. I have still broken the law haven't I? The court system is there for anyone who wants to use it so where you are getting the melodramatic crap from I don't know. I pay taxes too so I am entitled to use the court system just as much as the next person so please spare me that line. Please show me where cases have been thrown out because as the Housing Act 2004 states the penalty MUST be applied if the rules haven't been followed.

silvercar

There are cases that have been thrown out, search the web. You could also try looking on landlordzone.co.uk/forums, there are discussions on there about deposit protection cases.

The fact is that when you go to court you may lose, there is no 100% guarantee of a win. If you want to risk your court fees then go ahead.

There is a very good chance that you will be served (legal) notice toquit at the end of your fixed term as a result, so do consider whether it is worth the hassle.

Mr_LoL

silvercar wrote: »

There are cases that have been thrown out, search the web. You could also try looking on landlordzone.co.uk/forums, there are discussions on there about deposit protection cases.

The fact is that when you go to court you may lose, there is no 100% guarantee of a win. If you want to risk your court fees then go ahead.

There is a very good chance that you will be served (legal) notice toquit at the end of your fixed term as a result, so do consider whether it is worth the hassle.

I have decided to have a bit of humility and give him 14 days to send the information that my deposit is now protected.