T claim 3x deposit for not protecting his deposit

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    T claim 3x deposit for not protecting his deposit

    1. Informed T to that his deposit was going to be kept with DPS.

    2. Didn’t reply in writing but kept verbally insisting that he did not want his money in DPS.

    3. Last day of tenancy was 23rd, which was the same day he applied for claim of his deposit plus 3 times for not protecting his deposit.



    End story, we never did put his deposit in the DPS only because he insisted and now his thrown us a whammy! He also says that he has evidence of documents, copies and photographs??!!

    Any thoughts please? HELP!

    Thanks

    #2
    At once, you should either:
    a. protect it and send T the prescribed information; or
    b. refund it to T.
    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


      #3
      i had already sent a cheque to him previously. The cheque cleared the same day I recieved the Claims notice. Does that count?

      Comment


        #4
        Originally posted by pandoralcy View Post
        i had already sent a cheque to him previously. The cheque cleared the same day I recieved the Claims notice. Does that count?
        Yes. T now cannot ask Court to order deposit protection/return [s.214(3)] and so the 'also' penalty [s.214(4)] cannot be ordered either.
        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
          Also, He has already moved out. I hope so...In his claim, I quote

          "Under the housing act 2004, sections 2/2-2/4, a londlord must secure a tenancy deposit from a tenant in a secure deposit scheme. AST agreement signed by claimant 04/03/09. Despite discussions between landlord and tenant it is evident, my original tenancy deposit is not within any scheme nad has been held by the landlord unlawluffy also no written notification between landlord and tenant with 14 days of commencement of AST. Previous conduct with tenant regardging repayment of deposit concerning, unprofessional & deceitful"

          Is that the same as what you mentioned as s.214(3) and s.214(4)

          Comment


            #6
            hi Jeffrey

            I'm worried that he's going to deny that we never returned deposit cos I don't have proof of posting. The only thing I have is my chequebook stub and the date the cheque was cleared on my bank statement!!

            Comment


              #7
              Ask your bank for a copy of the cheque they should be able to supply one and that with your bank statement will at least prove he recieved the deposit back.

              Comment


                #8
                Originally posted by pandoralcy View Post
                hi Jeffrey

                I'm worried that he's going to deny that we never returned deposit cos I don't have proof of posting. The only thing I have is my chequebook stub and the date the cheque was cleared on my bank statement!!
                Your bank can provide you with a copy of the cheque and confirm which account it was paid into (for a fee)

                Comment


                  #9
                  Originally posted by pandoralcy View Post
                  End story, we never did put his deposit in the DPS only because he insisted and now his thrown us a whammy! He also says that he has evidence of documents, copies and photographs??!!
                  Your T probably had this strategy in mind all along, hence the insistence on not putting deposit in DPS.

                  Hopefully, lesson learnt. Would you not carry out the annual gas safety checks because the T insisted s/he didn't want it? Its the law. It is not for the T do dictate to you as LL. And you were aware of the law regarding deposits and therefore left yourself open to the "abuse" by not following the law!

                  Get the proofs as you've been advised, and good luck!

                  Comment


                    #10
                    Originally posted by pandoralcy View Post
                    In his claim, I quote

                    "Under the housing act 2004, sections 2/2-2/4, .....

                    Is that the same as what you mentioned as s.214(3) and s.214(4)
                    His references are incorrect. The part of the HA2004 relating to deposit protection is s.212 through to s.215.

                    See http://www.opsi.gov.uk/ACTS/acts2004..._en_19#pt6-ch4

                    Comment


                      #11
                      Originally posted by pandoralcy View Post
                      hi Jeffrey

                      I'm worried that he's going to deny that we never returned deposit cos I don't have proof of posting. The only thing I have is my chequebook stub and the date the cheque was cleared on my bank statement!!
                      As others have advised, it's easy to get proof of this from the bank.

                      As this tenant sounds devious, I would keep a watch out that he doesn't attempt to transfer the money back to your account.

                      It's unlikely, but just in case he do does this, then firstly get proof of the payment from the bank, and secondly send another cheque, this time with proof of postage (get a free certificate of posting from the PO, as this doesn't require signature on receipt therefore cannot be refused) and submit evidence of both to the court. If it is late on in proceedings you may need to ask the court's permission to submit additional evidence.

                      Comment


                        #12
                        Thank you all for the advice and help. I do have other tenants whose money is in the DPS. I just didn't realise that it was a MUST. Will keep you posted with the claim case for those out there who may suffer my same fate!!!

                        Comment


                          #13
                          Hi all

                          I thought my luck was up when the T didn't bother to submit "particulars of claim" but after receiving an order from the Judge, he has finally submitted his claims. I am now awaiting the documents from the Judge with the particulars of the T's claim. Will post them as soon as I receive them.

                          Hope someone out there can give me some tips on how to file my defense!!
                          damn!

                          Comment


                            #14
                            Don't worry too much. I am sure that everyone who has read your post (myself included) is outraged and wants to support you.

                            Keep us posted.

                            Comment


                              #15
                              Need to know outcomes of T vs LL for claim of deposit or 3x

                              Hi everyone.

                              I would like to know the outcome of anyone who have had this problem:
                              T made small claims of deposit plus 3x for non-compliant of TDS

                              Comment

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