Deposit not returned within 14 days - can I claim 3 times back?

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    Deposit not returned within 14 days - can I claim 3 times back?

    The tenancy ended at the end of July, no contact from A about deposit. Was told 3 years agao it was put in deposit scheme. Have just read that you can claim 3 times the deposit back as A is in breach of HA. Is this true? If so how would you go about doing that?

    #2
    Yes

    Yes that is true though it might be a month. Did the landlord give you a ref number for the deposit? This too can be used as a way of getting three times back.

    Two choices now: ask the CAB first of all - they give out excellent advice. Second, select a lawyer. They will write a standard letter to the agent/landlord. Whoever holds the deposit is liable.

    Comment


      #3
      Originally posted by alistair View Post
      Yes that is true though it might be a month. Did the landlord give you a ref number for the deposit? This too can be used as a way of getting three times back.

      Two choices now: ask the CAB first of all - they give out excellent advice. Second, select a lawyer. They will write a standard letter to the agent/landlord. Whoever holds the deposit is liable.
      No, No, No, No and No. The LANDLORD is ALWAYS liable for the deposit. Not the Agent. Not the deposit schemes. The LANDLORD. Also - the schemes have variable timescales - I think the TDS has a 28 timescale to return, the DPS has 14 days (I think) but only once the landlord and the tenant reach agreement.

      Please do not give out incorrect advice Alistaire - it helps no-one.

      My suggestion:

      1. Check with the three deposit schemes to see if they have the deposit. Note that the DPS (for one) will not talk to you if you cannot authenticate yourself (eg prove who you are) based on the information the landlord provided.

      2. Write to the landord - a letter before action. Inform them that if they do not return the deposit in full you will take it further. Mention that you have checked with the 3 schemes and the deposit is not registered, and you will be taking further action to recover which may include a claim for 3 x the deposit. Give the landlord a reasonable timescale (28 days is what I would personally use).

      3. If no joy at that stage, then take legal advice on taking it further.
      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

      Comment


        #4
        wrong advice

        Sorry wickerman... advice given to me by a lawyer...

        Comment


          #5
          Have you got proof that you paid a deposit?

          pm
          Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

          Comment


            #6
            Originally posted by alistair View Post
            Sorry wickerman... advice given to me by a lawyer...
            Id ask for your money back!!! For landlords its never the information they want - they hope that because the agent took it, the agent is liable but ultimately it lands on the landlords doorstep.
            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

            Comment


              #7
              Originally posted by gardeningmad View Post
              The tenancy ended at the end of July, no contact from A about deposit. Was told 3 years agao it was put in deposit scheme. Have just read that you can claim 3 times the deposit back as A is in breach of HA. Is this true? If so how would you go about doing that?
              In one of your other threads you said
              Originally posted by gardeningmad View Post
              Deposit protected under DPS
              Tenancy was originally for 12 months [from June 2007] and then became statutory periodic monthly
              The 3x deposit sanction relates to failing to protect the deposit/provide T with prescribed information, or failing to comply with the "initial requirements" of the deposit scheme (the DPS allows protection after 14 days), not to late return of the deposit.

              Here is a link to the relevant sections of the Housing Act 2004.
              http://www.legislation.gov.uk/ukpga/...rt/6/chapter/4

              Comment


                #8
                Start with the Landlord, direct but polite discussion/letter...


                But re. Wickerman's comment/....
                No, No, No, No and No. The LANDLORD is ALWAYS liable for the deposit. Not the Agent.
                I agree the LL is responsible but.. both Landlords & Agents have been taken to court & I understand found liable over deposits.... But use the agent route as a last resort..

                Cheers!

                Artful
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Originally posted by gardeningmad View Post
                  The tenancy ended at the end of July, no contact from A about deposit.
                  Also, I just realized that, according to your first thread
                  http://www.landlordzone.co.uk/forums...ad.php?t=31474
                  you are still living in the rental property?

                  And while I think we agree that that joint tenancy ended when the other tenant gave notice to quit, the agent/LL is treating it as though the joint tenancy is continuing (and you are uncertain as to whether your actual legal status is now that of trespasser or new sole tenant).

                  Or are we talking about a completely different tenancy?

                  Comment


                    #10
                    [QUOTE=Wickerman;241364]No, No, No, No and No. The LANDLORD is ALWAYS liable for the deposit. Not the Agent. QUOTE]

                    I suggest you look at Draycott v Hannells 2010
                    which indicates otherwise.

                    Comment


                      #11
                      Originally posted by theartfullodger View Post
                      I agree the LL is responsible but.. both Landlords & Agents have been taken to court & I understand found liable over deposits....
                      Yes, and the High Court ruling in Draycott v Hannells found that s.212(9)(a) HA2004

                      (9)In this Chapter—
                      (a) references to a landlord or landlords in relation to any shorthold tenancy or tenancies include references to a person or persons acting on his or their behalf in relation to the tenancy or tenancies
                      means that both LL/agent liable for 3x deposit sanction for non-protection and/or non-compliance with the scheme's "initial requirements".

                      However, the question gardeningmad is asking is whether he has a 3x claim for late return of the deposit, and the answer is that nobody is liable, because there is no such sanction for late return of a deposit.

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