Deposit not protected

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    Deposit not protected

    I am writing a letter to the LL to give formal notice that if I do not receive information about where the deposit is protected and the ID number I shall begin a claim for x3 of original amount. How long do I have to give for the information. I gave asked 3 times already in the past week - the schemes have no record of it.

    #2
    Originally posted by charakadisney View Post
    I am writing a letter to the LL to give formal notice that if I do not receive information about where the deposit is protected and the ID number I shall begin a claim for x3 of original amount. How long do I have to give for the information. I gave asked 3 times already in the past week - the schemes have no record of it.
    I would give them five working days to supply you with details of the scheme in which your deposit is registered, and the account number. This gives them time to protect it if they haven't already. It is usually the scheme itself which will contact you with your secure tenant ID.
    '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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      #3
      can the L still protect it even though the tenancy has ended?

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        #4
        At the time of writing, the landlord can late protect with the DPS, but not either of the other schemes. If you read Draycott v Hannells Lettings Ltd, you will find more info.

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          #5
          but if LL protects after you have issued a claim that is too late to avoid a penalty
          PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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            #6
            . I have given a letter to my landlord saying that if I do not gain notification of deposit scheme within 5 working days, I shall begin a claim for the deposit plus any compensation - x3 original amount.

            However my issue is that in five working I shall be on holiday. What do you recommend I do, leave it until after I return - meaning more than 5days notice, do it a day early or pass on details to a relative (in which case how much infomation would they need in order to start a claim)

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              #7
              Originally posted by Paul Gibbs View Post
              but if LL protects after you have issued a claim that is too late to avoid a penalty
              Is that right Paul? As I understand it, the court has to order that the deposit is refunded or protected AND pay the 3x. If the deposit has been refunded/protected before the hearing then it can't order the protection/refund, so can not order the 3x. My understanding is that a landlord would be liable for the tenants legal costs up to protection date.

              Originally posted by charakadisney View Post
              . I have given a letter to my landlord saying that if I do not gain notification of deposit scheme within 5 working days, I shall begin a claim for the deposit plus any compensation - x3 original amount.)
              Don't forget that this can not be done through the small claims track - you really should have some legal representation.

              You could fill in the relevant forms in advance and leave them for a relative to post maybe? You would not be able to do it online.

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