T taking L to court over deposit protection mistake - deposit returned in full

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    #16
    Why does a tenant who has suffered no loss think it appropriate to take a LL to court?

    No wonder more and more of us are planning to leave the PRS

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      #17
      Originally posted by jpucng62 View Post
      Why does a tenant who has suffered no loss think it appropriate to take a LL to court?
      The penalty scheme is specifically designed (as far as I can tell) to use the tenant's greed to enforce landlord misbehaviour, rather than require enforcement by, say, a local authority.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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        #18
        Originally posted by jpucng62 View Post
        Why does a tenant who has suffered no loss think it appropriate to take a LL to court?

        No wonder more and more of us are planning to leave the PRS
        Because they are chancers ...... why when a car goes into the back of another at 3 mph and causes no damage does the driver, front passenger and both rear passengers..... cry out in pain and grab their necks

        Scammers the lot of them. In the end the tenants of the future will be the poorer for all this with less decent properties and more corporate landlords who will up the rent to market levels every single year.

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          #19
          Personally, I'd let them go ahead & sue, and put the blame on the deposit co if you actually do get as far as court.

          (I bet you don't though!)
          To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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            #20
            I agree with the advice so far, but I wouldnt let it actually get to court if they do go ahead and sue. You will lose and may have to pay costs. At that point I would make a without prejudice offer of 1x the deposit.

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              #21
              My sister was renting. There was no inventory taken. My sister really did leave the place better than she arrived - new blinds, new carpet, professional clean when she left though the place was not cleaned so when she arrived. My parents raised us well, but did not reflect that many other people aren't!!!

              She discovered her deposit had not been protected at all, and then the LL (a lawyer with a speciality in housing no less!!!) kept more than half of her deposit.

              Upshot, went to court, he claimed ALL SORTS even got builder friend to testify that the place was in perfect nick when first let, judge accepted it, awarded her 1x deposit (though he made no attempt to ever protect it) but deducted his 'costs' in the end she got few hundred.

              So, I might try my chances at court if they go that far. And yes, it was stressful for my sister.

              I'm also moving abroad in a few weeks (plans delayed during lockdown) so I'll give my address there, and see how far the court process can go with that....

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                #22
                If you are successfully prosecuted for a deposit violation, you could lose your 'fit and proper person' status as a landlord and if the Council has or introduces a Selective Licensing scheme, for example, you could be banned from letting property.

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                  #23
                  Hmm, that interesting. Banning a landlord for making a typo?

                  I honestly wonder what the world is coming too! Maybe they all want us to go to airbnb!!!

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                    #24
                    Originally posted by ash72 View Post
                    There's not much you can do apart from seeing what the judge say's, since you have returned the deposit, the T may have a case for the number of years it has been held, but I can't see a judge enforcing it to 3 times.

                    I may be cynical, but run the property as a business not as a charity, if the rent is below market make sure you are keeping up no matter what the T is like, from experience the T's are the nicest people when they are looking and wanting a property, but no matter how nice you are they will turn when it comes to the end of the tenancy.
                    As a tenant I notice pretty much the same but change your wording for "landlord" when you say "tenant"

                    Landlords/agents being super nice when viewing but as soon as I move in the cracks occur and I am treated like the dirt under their shoe,

                    Because of that the past few properties I haven't paid final months rent as LL's always claim damage even if I have photo/video evidence of none by petty reasons (and its been 8 years since I last rented from LL and not social housing hence before deposit protection)

                    Had a LL that the roof slates came loose and I had to put buckets in my property for 2 years before I moved in wet months try and bill me for the roof repair of over £1000 as he said I never let contractors in (no I had no buzzer and they never phoned me for access)

                    the lining that is stapled at the bottom of a cheap sofa 2 of the staples in corner came off so LL claimed that meant the whole sofa needed to be replaced.

                    When I first went to replace the lightbulbs in kitchen on a ceiling so high that you would have to stand on top of a ladder I noticed wall to wall where the cupboards were, was actually destroyed as in you would have to physically use a sledge hammer and force and he had hid it with skirting board glued to top of cupboards so your eyes couldn't see it.

                    The one thing I DID damage was a fingernail sized burn on carpet (which was budget lino style and I lived there almost 3 years) when the electric heater he provided I dropped something on it and pushed it off before it caught fire. (basically a tiny cinder)

                    And far more, but when I moved out not only did I not get my deposit back but he claimed thousands in damages stating it was unlivable and wanted me to pay those 3/4 months rent whilst he did it as well.

                    Despite multiple interest from neighbours friends/relatives who offered to pay full rent and move in same day as I moved out.

                    Sorry sorry just stating.

                    I had issues for around 15 years after I moved home due to low income/benefits/being a student limiiting where I could go and no one to be a guarantor, and when in a tenancy no cash to save to move out, I only did in the end when I had a backdated disability benefit claim be paid out.

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                      #25
                      Originally posted by Hudson01 View Post

                      Well first they have to be working, end of..... no benefits of any kind (excluding state pension if fully retired). Any tenant that needs a guarantor is off the list, no arguments on that one. I interview every single person who passes the agents application form (i go for tenant find service), no one will even sniff my properties unless i have interviewed them.

                      I work in a job that means i come into contact with '' wrong un's '' on a regular basis, my instincts are very very good and even if someone passes all the checks put to them by the agent if i get the '' feeling '' that they are not right then no amount of extra up front payments or other nonsense will get them into the property. It has worked well for me for many years, no arrears ever and no issues at all.

                      My properties are 2 bed, i do not allow children, i tend to go for older single individuals.

                      The properties are very high spec and i want to keep them that way, i have seen other landlords have major financial and stress issues with tenants that clearly from the get go were wrong, but they simply did not look closely enough and they pay for it. I would leave my properties empty rather than get anyone who i was not 100% certain of, the agent i use have said in the past that i am one of the strictest landlords they have on their books..... fine by me.
                      Sounds all good and logical and I screen a bit like you. But where it fails is that you cannot predict the future - someone may be in work today but out of work tomorrow due to ill health or any number of reasons and cannot pay the rent.

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                        #26
                        My ex T. had passed all the tests, but I had a bad feeling about him from the moment I met him. Shifty eyes and his body language was not right but the agency signed the tenancy agreement without warning me. I did not know they could do it. He turned out to be such a crook that I doubt I will come across anyone like him in the future. A very wealthy individual but did not want to pay. Of course the system works in favour of people like him.

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