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Landlord didn't protect deposit within 30 days

24

Comments

  • macman
    macman Posts: 53,098 Forumite
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    Angelhales2601 wrote: »
    We did try to use it to negotiate but they weren’t interested.

    They might do once they receive an LBA and realise you are serious. There is no realistic defence against late protection of your deposit. They are probably unaware of the penalty.
    No free lunch, and no free laptop ;)
  • FBaby
    FBaby Posts: 18,367 Forumite
    First Anniversary First Post Combo Breaker
    You could try and use that to your advantage, let us leave early and we wont sue
    The landlord would be stupid to agree to this as OP could still sue afterwards whereas LL won't if he does agree to early release.

    The LL is best to agree to go to court, rely on a reasonable judge who will at best just agree to the full release, at worse agree to 1x the deposit in addition to the return, and then ask for 3 months rent to the end of the fixed contract.

    You made a mistake OP in your urge to get money from your LL. You should have negotiated an early release and then sue. As it is, if you want to move now, you'll owe more to your LL than what you can get from him for his failure to protect the deposit as your chances of a 3x compensation is highly unlikely.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Hmmm you threaten court action because of a late deposit and then expect him to let you leave early. Why did you start off confrontational in the first place you've probably got his back up.


    Goodness knows what you'd be like if something serious happened. Glad you're not my tenant.
  • Kevie192
    Kevie192 Posts: 1,146 Forumite
    My understanding of the law is that the judge MUST award between 1-3x the deposit. Is that not the case? I see some people saying a penalty may not be awarded at all?
  • System
    System Posts: 178,093 Community Admin
    Photogenic Name Dropper First Post
    Kevie192 wrote: »
    My understanding of the law is that the judge MUST award between 1-3x the deposit. Is that not the case? I see some people saying a penalty may not be awarded at all?



    No the Judge can award up to 3x, the amount awarded would be at their discretion using legal guidelines. Your deposit was protected albeit late so the Judge would use that discretion, order immediate return along with possibly 1 x or as I previously said consider the return adequate compensation given is was only a few weeks late.
  • wesleyad
    wesleyad Posts: 754 Forumite
    First Post First Anniversary
    Simonr66 wrote: »
    No the Judge can award up to 3x, the amount awarded would be at their discretion using legal guidelines. Your deposit was protected albeit late so the Judge would use that discretion, order immediate return along with possibly 1 x or as I previously said consider the return adequate compensation given is was only a few weeks late.

    Do you have any more info on that as everything we have seen suggests the judge must award a minimum of 1x the amount? I've never seen a case where the judge has let them off for a minor offence.

    https://www.landlordsguild.com/localism-act-and-tenancy-deposit-schemes/

    The landlord “must” pay the applicant (former tenant) not less than the amount of the deposit and not more than three times deposit within 14 days
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    edited 17 April 2019 at 12:06PM
    You are right. The judge has discretion to award a minium of 1 x the deposit and a max of 3 x the deposit.

    In this case, it is 90% certaon the judge will award the minimum, since
    * the deposit was proptected
    * it was protected bedfore the tenancy ended
    * it was protected without threats ie the LL complied off his own bat
    * it was only 15 days late

    If I were the LL, and had received a warning that my tenant was considering going to court on the basis of 15 days late protection, I would

    * accept that I'd messed up and likely have to pay the minimum penalty
    * be pretty p*ssed off with the tenant
    * not do any deal with the tenant, since no deal could guarantee that this tenant would not later go to court, even if I agreed to whatver it was they wanted (eg an Early Surrender).
  • Angelhales2601
    Angelhales2601 Posts: 119 Forumite
    First Anniversary Combo Breaker
    BBH123 wrote: »
    Hmmm you threaten court action because of a late deposit and then expect him to let you leave early. Why did you start off confrontational in the first place you've probably got his back up.


    Goodness knows what you'd be like if something serious happened. Glad you're not my tenant.

    The request to leave early was made before the issue with the deposit came to light. We were reasonable in our requests and they refused despite the house being put on the market.

    After the letter was received by them saying we will take them to court for the money they agreed to letting us out one month early. We have however already lost out on properties that would be suitable as a result of not being able to leave yet.

    The current situation stands at the tenancy can end one month early. And LL is seeking legal advice following my letter.
  • zagubov
    zagubov Posts: 17,886 Forumite
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    edited 17 April 2019 at 12:54PM
    The judge MAY make an award of between 1 and 3 times the deposit.

    However, if the landlord thinks the tenant is out to gouge them, what's to stop him finding every legitimate reason he can to withhold some or all of the deposit?
    There is no honour to be had in not knowing a thing that can be known - Danny Baker
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    zagubov wrote: »
    The judge [STRIKE]may[/STRIKE]must make an award of between 1 and 3 times the deposit.

    However, if the landlord thinks the tenant is out to gouge them, what's to stop him finding every legitimate reason he can to withhold some or all of the deposit?
    ..........................................................................................
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