Non protection of deposit over 3x tenancies

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    Non protection of deposit over 3x tenancies

    Hello,

    Moved out of a property recently, deposit not protected at any stage during 3 tenancies.
    if our deposit isn’t returned at all or only partially, can we claim for the deposit / remainder at the same time as bringing action for non protection? (If the deposit was protected we would be fighting for the lot back as we left the house in a better condition then we found it.)

    is the claim per tenancy or per deposit? I’ve read a few things that suggest that the claim can be for each new tenancy, so in our case 9 times the amount. Is that right? We paid the deposit prior to the first tenancy.

    thanks for any advise.

    #2
    Did you sign a new AST for each Tenancy?

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      #3
      We signed two. The third was rolling statutory.

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        #4
        See Shelter's website on how to sue for the up to 3x deposit penalty for Landlord failing to protect deposit for each tenancy you had.

        Unless Landlord lives in same building (perhaps)
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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          #5
          Yes, you can claim for the return of the deposit in the same claim, it's part of the court's power to order a return of the deposit from the person that appears to the court to be holding it.

          It's UP TO 3x per tenancy, it's not a guarantee of 3x, though if it's unprotected and not returned without a good reason, it's hard to argue the top end. Though top end for multiple tenancies may not be as likely when taken together. The deposit is deemed to have been returned at the end of one tenancy and immediately repaid back to the landlord for the subsequent tenancy. You'll be asking for a penalty of between 1x-3x for 3 breachs of the deposit legislation.

          See here for an overview of procedure. If that appears complicated, you may want to instruct a solictor.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

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            #6
            Thank you for the responses. I’m hoping we get our full deposit back but the tide doesn’t seem to be going that way unfortunately!

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              #7
              Originally posted by theartfullodger View Post
              See Shelter's website on how to sue for the up to 3x deposit penalty for Landlord failing to protect deposit for each tenancy you had.

              Unless Landlord lives in same building (perhaps)
              no didn’t live in. Just a normal assured tenancy.

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                #8
                Do not expect further help until you cut/paste https://forums.landlordzone.co.uk/fo...om-new-posters for each Tenancy
                compiled bu several experienced posters for the edification of everyone

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                  #9
                  Good guides about what to do on Shelter website
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    Thanks. It’s unfortunate that we have to go down this route. We’ve had a landlord who failed to protect before but we had no problems getting our deposit back so we never did anything about it. This isn’t our preferred option but that wasn’t the landlords money just to pocket.

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