Deposit is returned, but can I sue for lack of TDS?

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    Deposit is returned, but can I sue for lack of TDS?

    Hi
    I have been at a tenant at a premise for 28 months and am now leaving. The landlord has returned in full the deposit I had paid, even before my last day, but I have just realised that the deposit should have been kept in a TDS. This was not the case. Can I still sue my landlord for not having kept the deposit in a TDS, even though I have got the full deposit back?
    Thanks for letting me know

    #2
    No.

    You have received the deposit back.

    Why do you want something for free?
    Liability statement. My liability to you is not to exceed the amount you are paying for my recommendations or advice.

    I see a bright new future, where chickens can cross the road with no fear of having their motives questioned

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      #3
      can i not get 3x the deposit if i can prove that mine wasn't held in a TDS in the first place?

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        #4
        No you can't, you have your deposit back, so there is no deposit to make a case about!
        I offer no guarantee that anything I say is correct. wysiwyg

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          #5
          Originally posted by nats007 View Post
          can i not get 3x the deposit if i can prove that mine wasn't held in a TDS in the first place?
          You could try suing the LL.

          As you have now received your deposit back; it's highly likely that your case would fail and you would then have to pay the LL's court costs as well as your own.
          The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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            #6
            Nats007, why do you want to sue the LL. You have your deposit back. Do you see it as an opportunity to make some quick and easy cash. Chances are it will be neither quick or easy process.

            I think someone has cash cow eyes.

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              #7
              Originally posted by nats007 View Post
              Hi
              I have been at a tenant at a premise for 28 months and am now leaving. The landlord has returned in full the deposit I had paid, even before my last day, but I have just realised that the deposit should have been kept in a TDS. This was not the case. Can I still sue my landlord for not having kept the deposit in a TDS, even though I have got the full deposit back?
              Thanks for letting me know
              You do not seem to have grasped the concept behind deposit protection at all. What do you think the purpose of the penalty for non-protection is?
              '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

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                #8
                I Understand where you are coming from. However I was speaking to a Landlord today who found that his letting agent forgot to register the deposit.
                The tenant started proceedings against him. During this process the tenant accepted the deposit back. When it went to court it was found that the tenant had not suffered and nothing was awarded to him. However the Landlord ended up paying the court cost. But ember it could back fire on you and if you believe in calmer it certainly would not be a good idea.

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                  #9
                  Originally posted by Blue View Post
                  But ember it could back fire on you and if you believe in calmer it certainly would not be a good idea.
                  Yes, embers can backfire...

                  Calmer? Karma!
                  '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

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                    #10
                    Ethically/morally wrong to try. Athough you should mention about TDS to the Landlord should s/he simply not be aware of it, for next time.

                    I understod the 3x sue was to provide some powerful back up incentive to ensure Landlords do what they should do. If it actually came to a claim, when the LL has actually paid back the money, I doubt anything would come of it.

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                      #11
                      Originally posted by nats007 View Post
                      can i not get 3x the deposit if i can prove that mine wasn't held in a TDS in the first place?
                      A bit of education for OP. The purpose of the law was to provide a deterrent, so LLs don't misappropriate the deposit funds, e.g refusing to give it back for spurious reasons, or trying to claim for stuff that would be considered fair wear and tear, or just plain bloodymindedness... etc.etc. And to provide a means of sorting out disputes, if these did arise.

                      So, nats007, have you lost anything by the LL not protecting the deposit?

                      Your LL has returned your deposit in full, even before you've vacated the property - trusting that you would not damage the property before you actually leave.

                      So, you want to repay that trust, and his/her fairness with a frivolous court case?

                      If you try to sue your LL, you will fail.

                      If you need cash, then go earn it honestly.


                      I think this particular question just goes to show the unexpected and unintended consequences of the government's ill-thought out law.

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                        #12
                        Originally posted by havensRus View Post

                        I think this particular question just goes to show the unexpected and unintended consequences of the government's ill-thought out law.
                        Possibly. Or just that some people need to stop and reflect before shouting 'I'll sue!'

                        Which - in fairness - this OP did, by asking the Q on this forum.
                        '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

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                          #13
                          Hi All - thanks for your replies!
                          Actually I did lose out without having the deposit put in a TDS - the reason I want to report this is because I understand the landlord should have paid interest to me on the deposit if it was held in a TDS.
                          Is that correct? Surely the interest is rightly mine to claim?
                          Would really appreciate your feedback on this too.
                          Nats

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                            #14
                            As I understand it the TDS keep the interest as their payment for running the scheme.
                            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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                              #15
                              Firstly, what rate of interest do you expect to receive on your money? Let's say you are a little money savy, you might have a rate of 3.5%, what you are requesting off the landlord is in the realm of 300% ignoring some complicated things. That's some serious mark up.

                              Secondly, where the interest goes to should be detailed in the AST, but no you don't have an automatic right to the interest. If it were protected with the custodial scheme (DPS) the rate of interest to the landlord or tenant is currently zero anyway. If it were in an insurance backed scheme then the interest rate would be that of the bank account it was held in, but there is a charge for insuring these bonds, so unless you know something I don't about bank accounts you'd make a loss.

                              I feel you are being greedy from a landlord who doesn't understand the laws surround tenancy. If you are wondering, I am a tenant and a landlord, and have also take a landlord to court for exactly what you are talking about so I'm not being bias.

                              John

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