Rich vs Poor / Landlord not returning Deposit

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    Rich vs Poor / Landlord not returning Deposit

    I just moved out of a property after 7 years and landlord is not returning my deposit and want to keep deposit for decor, cleaning and other things which have completed their expected lifespan. Tenancy was fixed for 1 year then statuary period tenancy for 6 years. He protected my deposit with a scheme but not sent me prescribed information. I studied lots of material online, case law and Housing act 2004 and I think I can make an application in county court under small claims track.

    Landlord is very rich and he can easily hire a solicitor but I can't afford a fee and It would be difficult for me to compete in the court.

    I want to know , do I have to pay costs and how much if don't win?

    Claim would stay on small claims track or landlord can move to other track?

    My landlord is living 250 miles away form me and an individual not a business and company. By law, I have to submit my claim to nearest county court (paper claim) . How court would decide hearing location , near me or near landlord?

    I am quite scared of this , would be easy or tough or can I get some help from any one free of costs?

    Please share knowledge and insights , thanks


    #2
    What are the exact dates?

    If you are considering a claim for non-compliance with the deposit protection legislation, then I believe you have 6 years from the non-compliance to submit a claim..

    Regarding the non-return of deposit, lodge a dispute with the deposit protection scheme; only consider small claims if that does not give satisfaction.

    Comment


      #3
      Hi. I'm in a similar situation at the moment and there's loads of good feedback from members on my thread from today. Have a read, it might help.

      Your deposit is protected, the landlord can't take anything without your permission and vice versa. So if you can get agreement, request free arbitration which will be offered by your deposit scheme provider. One particular helpful person on my thread gives great detail on this and what the courts make of landlords that refuse to partake in arbitration.

      7 years is a long time!

      Re: small claims court as it was once called is not too scary, I don't think it's like a big court where you sit in front of the bench!? Perhaps someone with experience can assist with more info here. Search small claims court (although it's not called that anymore). There's a small fee to pay to apply. It's all on the government website.I very much doubt you would have to pay costs.

      Good luck.

      Comment


        #4
        Its a pretty open and shut case, if prescribed information was not sent (up to the landlord to prove that they sent it) then you should walk out of court victorious. Don't worry about the financial clout of the landlord, its the one part of tenancy law thats crystal clear and not open to interpretation.

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          #5
          Definitely don't be scared of the court. If you're claiming less than £10k it's highly likely to be allocated to the Small Claims track, which means there won't be a costs award (so if the landlord chooses to hire a lawyer, win or lose he has to pay the lawyer himself, you don't have to pay). If it does go all the way to court it's true that if the landlord is an individual it should be heard at the court nearest to him not you, so there's some travel costs - you may recover these if successful though. It's likely it'll be in a little hearing room, you're sat next to the landlord, in front of a judge who sits at a desk. However some courts might not have the space and might put you in a courtroom. More importantly though there's a free mediation service they'll invite you to use, which is done by telephone, and will probably allow you to settle it.

          Comment


            #6
            Thank you to all for your help, its quite motivating and now I am quite confident to go for the small claims route.

            Comment


              #7
              Why dont you just use the landlords failure as a lever to persuade him to return your deposit in full? Its possibly a bluff if the statute of limitations applies but he may not know that

              Comment


                #8
                DPT57 He is not listening , I sent him refund letters and mentioned breaches in DPC but he is saying deposit was protected correctly and I am wrong and errors are just admin errors and don't have any value. More on all these things, now he sent me another DPC (same ref number as original) with amended details including prescribed information and told me that he had fulfilled his obligations. .

                According to Housing Act 2004, landlord not have to re-protect and re-issue DPC in SPT but landlord sent me new DPC after 1 month of moving out and he made this very complicated .

                I don't know how the court would see this matter as 2 DPCs for same property with same ref num with different details ?

                Comment


                  #9
                  No other posts indicate whether the Deposit was paid by T within 30 days or legally protected by LL within same time scale of 30 days from start of T.
                  I suggest with a gap of 7 years since start of T, the T has missed out on a valid claim.
                  ​​​​​​​

                  Comment


                    #10
                    I would say start with the Dispute Resolution.

                    A lot of claims relating to a 7 year tenancy may be out of date due to the time limits adopted by the scheme ... eg a carpet is iirc deemed worn out after 5 years, so worth notthing, so LL cannot claim.
                    Refer Mad Regulators to Arkell vs Pressdram.

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