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Please help. Rent Deposit Compensation

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  • Trixsie1989
    Trixsie1989 Posts: 489 Forumite
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    I would take action, you are entitled to upto 3 times the deposit amount as compensation. Did you get a receipt or anything when you paid the deposit?
    Debt free finally :j
    First house purchase ... 2018 :j
  • elpdotaer
    elpdotaer Posts: 13 Forumite
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    Pixie5740 wrote: »
    What does one have to do with the other? Did your tenancy agreement say that the landlord was responsible for paying the council tax? Unlikely so the council can still chase you for any unpaid council tax.
    I'm just thinking the landlord may say I broke the law since I didn't pay council tax. I think he didn't send my details to the council during my tenancy because I didn't receive any council tax bill.
  • elpdotaer
    elpdotaer Posts: 13 Forumite
    edited 6 August 2018 at 2:26PM
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    Trixsie1989 wrote: »
    I would take action, you are entitled to upto 3 times the deposit amount as compensation. Did you get a receipt or anything when you paid the deposit?
    No, I don't have any kind of receipt for paying the deposit. I paid him my rent and deposit by cash. But the tenancy agreement has the amount of deposit I paid him.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    elpdotaer wrote: »
    I'm just thinking the landlord may say I broke the law since I didn't pay council tax. I think he didn't send my details to the council during my tenancy because I didn't receive any council tax bill.



    1: because it's your job to tell them and to pay it.


    2: it's not relevant, the council could still come after you, whether to go after your deposit or not...
  • alandaniel132
    alandaniel132 Posts: 476 Forumite
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    council tax is under your name, not LL name
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    alandaniel132 wrote: »
    council tax is under your name, not LL name
    Not always. It depends on a number of other criteria
  • elpdotaer
    elpdotaer Posts: 13 Forumite
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    Comms69 wrote: »
    1: because it's your job to tell them and to pay it.


    2: it's not relevant, the council could still come after you, whether to go after your deposit or not...


    Thanks. I sent out the letter to the LL's address as shown in my tenancy agreement. Also I sent an email to the letting agent asking them to forward the letter to the LL as well since I'm not sure if the LL still owns the property at that address or not.
  • CIS
    CIS Posts: 12,260 Forumite
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    elpdotaer wrote: »
    Thanks. I sent out the letter to the LL's address as shown in my tenancy agreement. Also I sent an email to the letting agent asking them to forward the letter to the LL as well since I'm not sure if the LL still owns the property at that address or not.


    Presumably you rented the entire property on a standard AST ?

    Unfortunately, except in certain defined cases (most commonly for a council tax HMO), the tenants are liable for the council tax charge. Not telling the council is not an offence but they will backdate the charge and can bill you for it with only a 14 day payment deadline.

    If the landlord didn't tell the council that you were resident either then they are most likely chasing him at the moment for the outstanding charge for the period you were resident so that will need to be amended.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • steampowered
    steampowered Posts: 6,176 Forumite
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    See https://www.landlordlawblog.co.uk/2014/05/29/a-tenants-right-to-know-his-landlords-address/

    If you don't get anywhere finding out the address, you could simply issue a small claim (use the moneyclaimonline system) for return of the deposit plus a 3x penalty for not protecting it - and serve it at the property with a copy to the letting agent. This will cost court fees however.

    The landlord will either file a defence (meaning you get his address) or you will end up with a CCJ which can be secured against the property.

    If you do get a CCJ against the landlord, you could easily get a third party debt order applicable to the letting agency which is a court order requiring them to pass rent up to the amount of the deposit to you rather than to the landlord (assuming that they are still the letting agent for the property and are still collecting rent).

    Given the amount of time this has gone on I would be tempted to go straight down the court route if you can't get anywhere otherwise.
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