Deposit returned but wasn't registered

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Deposit returned but wasn't registered

    Hello,

    We rented a property and recently moved out. Our deposit was returned in full but we have found out that the deposit was not properly registered. Would we have any grounds to pursue a claim for 3 x rent.

    Thanks

    #2
    deposit

    Are you for real?
    What did the landlord do to you, that you would want to be so vindictive?!!

    No wonder this world is in the state it is,

    Comment


      #3
      Originally posted by dandare81 View Post
      Hello,

      We rented a property and recently moved out. Our deposit was returned in full but we have found out that the deposit was not properly registered. Would we have any grounds to pursue a claim for 3 x rent.

      Thanks
      How did you find out?

      Comment


        #4
        Slow down, colleagues. Deposit protection applies ONLY to ASTs and ONLY if newly-granted on/after 6 April 2007.

        Perhaps dandare81's was not an AST or pre-dated that date (or both). More information is needed before we jump to conclusions.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Originally posted by Wickerman
          Jthe very limited info available (eg it could have been fantasic renting experience and they are just vindictive sh1ts, or they could have had an appalling experience) - I hope they try to claim and loose, and have to pay legal fees.
          Until the OP's reasons for wanting to claim (if he does - he doesn't make it clear) - are explained, it seems inappropriate to come to judgement on him one way or another!

          It was an inoccuous question. Would he have grounds or wouldn't he?

          We cannot assume that, since the deposit has been returned in full, the LL does not 'deserve' to be sued. Or that he does.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            Its a wind up

            Comment


              #7
              Originally posted by porridge View Post
              Its a wind up
              I knew it was you!
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


                #8
                Originally posted by mind the gap View Post
                I knew it was you!
                Its not me, im just guessing that somebody wouldn't actually be that greedy

                Comment


                  #9
                  Originally posted by porridge View Post
                  Its not me, im just guessing that somebody wouldn't actually be that greedy
                  What planet are you living on!!! Ambulance chasers are just one example of how greedy ppl can be!!

                  Don't think you can argue the case anyway as the tenancy has ended and the PP has incurred no loss.
                  GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

                  Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

                  Comment


                    #10
                    I found out that the deposit had not been registered when the landlord handed me back my deposit rather than release it from any scheme. The deposit should have been registered as the contract was after April 07. I have no intention of going to court but would like to be clear on the law.

                    Thanks

                    Comment


                      #11
                      Originally posted by dandare81 View Post
                      I found out that the deposit had not been registered when the landlord handed me back my deposit rather than release it from any scheme. The deposit should have been registered as the contract was after April 07. I have no intention of going to court but would like to be clear on the law.
                      Yes, it should have been registered. How much clearer does it need to be? If you're not attempting to pursue the landlord for the fine, what on earth does it matter?

                      I think in theory the landlord might still be liable for the 3x fine according to the letter of the law, but from what I've heard about how judges appear to have been interpreting the law in other cases, I would be amazed if a judge were to find in your favour.

                      Comment


                        #12
                        Originally posted by dandare81 View Post
                        I found out that the deposit had not been registered when the landlord handed me back my deposit rather than release it from any scheme. The deposit should have been registered as the contract was after April 07. I have no intention of going to court but would like to be clear on the law.

                        Thanks
                        Strange.......... i just "hand back" deposits (which have been protected under ins scheme and STAY with me )
                        1. what makes you think it wasn't protected ?
                        2. As you have dep returned (in full?) why would you be looking for grounds to claim ?


                        The Rodent
                        A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                        W.Churchill

                        Comment


                          #13
                          Claiming 3 times deposit is not greedyness, but asking the LL to pay the penalty according to law.

                          check this link - http://www.landlordzone.co.uk/forums...ead.php?t=8739

                          Comment


                            #14
                            Originally posted by jmm View Post
                            Claiming 3 times deposit is not greedyness, but asking the LL to pay the penalty according to law.

                            check this link - http://www.landlordzone.co.uk/forums...ead.php?t=8739

                            Tenant has deposit back in full, therefore its just the same old "what can I screw out of somebody attitude"

                            Comment


                              #15
                              Originally posted by jmm View Post
                              ...the penalty according to law.
                              Remember that this is only a civil penalty, not a Criminal Court fine.
                              Creating civil penalties is a hallmark of 'New Labour' and its fundamental incomprehension of legal principles.
                              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                              4. *- Contact info: click on my name (blue-highlight link).

                              Comment

                              Latest Activity

                              Collapse

                              • Reply to Epc
                                by mariner
                                Not quite. The LL can apply to Court for Right of Access & ask Court to apply costs against T.
                                29-03-2020, 02:10 AM
                              • Epc
                                by lavy
                                Hi, Wondered if someone could clarify I have property with existing tenants in place long term and the epc has expired but was in force when they moved in . I am aware that it would need to be renewed if a new tenant was to move in . With the new rules coming into force soon must i get an epc done...
                                11-02-2020, 12:28 PM
                              • Reply to No EPC
                                by mariner
                                I think you need a valid EPC before the Property can be advertised for sale/rent, but not for an eviction.
                                29-03-2020, 01:30 AM
                              • No EPC
                                by Onepropertypeter
                                I have a single property which I have owned since 1998. I currently have had the same tennent for about 10 years. When she began the tennency there was no requirement to have an epc and I was unaware that I needed one! I have decided to sell the property as I am now 70 years old and want the capital....
                                28-03-2020, 16:16 PM
                              • Reply to Epc
                                by flyingfreehold
                                Not quite correct. If the tenant refuses upgrades, which is his/her right this is a ground to apply for exemption...
                                28-03-2020, 22:15 PM
                              • Reply to Asking for 35% off rent
                                by AndrewDod
                                This is not likely to be valid or easy employed. It does not sound like a deed. What witnesses were there? How many witnesses and who were they? Do you have proof of ID for the Guarantor and witnesses?

                                But yes, they are most likely chancers using the law to try to diddle you.
                                ...
                                28-03-2020, 21:15 PM
                              • Asking for 35% off rent
                                by Lillylisa
                                Hi. I am a fairly new landlord and I only own one property. About a month ago I reached out to my tenants asking if they were okay and if they wanted to get in contact with me please do. Three days later they contacted me to ask for a massive reduction in the rent asking for 35% off. I have no issues...
                                28-03-2020, 16:20 PM
                              • Reply to Asking for 35% off rent
                                by Snorkerz
                                Then unfortunately, you will have difficulty enforcing the guarantee (unless your guarantor is named as a tenant or the tenancy agreement is executed as a deed). The reason for that is because

                                With your tenancy agreement
                                • You give the tenants a tenancy, they give you rent (consideration)
                                • Guarantor
                                ...
                                28-03-2020, 21:13 PM
                              • Reply to Asking for 35% off rent
                                by Lillylisa
                                Ps I’m unable to edit the original. Sorry so long winded. I have a visual impairment & have to use voice dictation. It’s awful!...
                                28-03-2020, 21:06 PM
                              • Reply to Asking for 35% off rent
                                by Lillylisa
                                To be clear: the guarantor signed the contract which has a section called The Guarantor which clearly lays out his/her legal liabilities. In this case, he is liable for all the rent not just for his nephews. I’m sure they would not want this to fall to him. They have been very good tenants so far....
                                28-03-2020, 21:02 PM
                              Working...
                              X