Deposit re-protected - where do I stand?

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    Deposit re-protected - where do I stand?

    Hello everyone,

    My LL failed to re-protect my deposit after the LA went into liquidation taking my deposit with it. So I filed a legal action against her claiming deposit+3*deposit back (standard).

    Shortly after the LL received the notification from the court she secured the deposit with MyDeposits and sent me the Deposit Protection Certificate. Good news?

    What do you think I should do now? As far as I understand after the recent Draycott v Hannells Lettings Ltd case in the High Court there is no point in continuing my claim for 3*Deposit so I have to simply inform the court that I am withdrawing my claim? I am also moving out next week because my Tenancy Agreement ends.

    What would be you advice? Also, regarding the court fee of £150 - no way of getting this back now?

    Thanks in advance,
    Anton

    #2
    As the landlord has now shelled out for another deposit and has protected it any court action is pointless and will fail. As you say, a refund of your court fee is unlikely, but it might be worth giving the court office a ring. Nothing ventured, nothing gained!

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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      #3
      Originally posted by P.Pilcher View Post
      As the landlord has now shelled out for another deposit and has protected it any court action is pointless and will fail
      Yes, it may do so but if I still don't withdraw my claim from the CC now and lose the case for 3*Deposit, will I be liable for the legal fees of my LL?

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        #4
        I understand from what has been posted elsewhere on this board that this is the case.

        P.P.
        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

        Comment


          #5
          From what I have read elsewhere e.g. http://www.nelsonsonline.co.uk/nelso...=A76076BD76684

          You should be entiled to a refund depending on how close you are to the court date.
          I also post as Moderator2 when moderating

          Comment


            #6
            Originally posted by Mars Mug View Post
            You should be entiled to a refund depending on how close you are to the court date.
            It hasn't even been scheduled and the LL re-protected my deposit within the time given to her by the court to reply after it received my claim. So I guess my chances are slim in this respect.

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