Tenancy deposit protection

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Tenancy deposit protection

    Hi

    I've been researching this, but am getting confused now. I
    Paid a £600 deposit in August 2007 to my landlady and kept the receipt. I was served notice in September Last year and it went to court in february And the lady judge threw the case out because my landlady didn't protect the deposit.

    Now they have served another notice in march, but they didn't send me the tenancy deposit details. I've now found out it was protected at the end of may.

    How does this affect me and any new eviction process.

    Thanks for help.

    #2
    The section 21 notice is still invalid as the deposit was not protected at the time the s21 was served. Your landlady had up until the 5th May 2012 to protect the deposit. If she protected it after 5/5/12 she can not issue a valid section 21 notice without first either
    1) refunding the deposit in full; or
    2) using all/some of the deposit to clear your liabilities with your permission.

    Comment


      #3
      Thank you. What do you mean by my liabilities?

      Also, if I decide to take him to court for the deposit, will I get my deposit back then?

      Thanks

      Comment


        #4
        Liabilities would be rent owed and/or damage caused, but can only be used if you agree (suggest you don't).

        Assuming you want to stay as long as possible let the new case get to court, thrown out again due to invalid S21 & see how long you can keep it going...

        You might not get a very good reference, or one at all mind: But probably they'll give you a wonderful reference if you just agree to go..

        Cheers!
        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


          #5
          Originally posted by Cressida View Post
          Also, if I decide to take him to court for the deposit, will I get my deposit back then?
          There are 2 ways you can take him to court for your deposit:

          1) Deposit only. You can not do this until after the tenancy is ended, but such a claim would almost certainly be allocated to the small claims track where fees are low(ish) and the process is DIYable for most.

          2) Deposit and penalty for non-protection. The penalty for non-protection can be up to 3 times the deposit amount. You can do this now, but the courts should allocate this to the 'multi-track' which is much more complex - you'd probably need a solicitor - and the fees are much higher - iro £1500.

          2a) even after the deposit is returned, you can still claim the civil penalty, but it is the same court process.

          If you win then it is almost certain that the landlord would have to refund to you any court fees you had had to pay (either process) and your solicitors fees if not heard in small claims.

          Comment

          Latest Activity

          Collapse

          • Reply to Deposit Negotitations with Landlord
            by jpkeates
            The process seems to have changed recently.
            The landlord claims from the deposit and that claim should have a summary of what they are claiming and why.
            You dispute that and then you both have one chance to explain your side of the story.
            But you do that with only access to what the...
            18-09-2020, 13:57 PM
          • Deposit Negotitations with Landlord
            by Maymiss
            I am moving out of my rented home shortly, i have caused some damage which I notified the landlord of when it happened and they have recently visited to discuss the cost of repairs, which we have agreed. The landlord is now asking that I pay this money to them directly. It is not possible for the work...
            03-08-2020, 11:47 AM
          • Reply to Section 21 issued with new tenancy
            by jpkeates
            Every notice escalated to court is recorded and the figures published quarterly, so breaking out the s21 notices from the s8 shouldn't be complicated.

            Two of the links are to House of Commons research papers, to be fair!...
            18-09-2020, 13:51 PM
          • Section 21 issued with new tenancy
            by fmST1
            When a new tenant moves into a property, I get them to sign a section 21 so that if whatever reason things don’t work out, the necessary paperwork is already in place.
            I’ve never had a need to exercise this yet, but would it work?...
            11-09-2020, 08:43 AM
          • Reply to Part furnished
            by jpkeates
            It depends on your local market.
            Mine seems expect a fridge freezer and washing machine as an "unfurnished" property.

            Blinds not curtains and it varies - usually whats been left behind (have had to add some blind safety hook things in the past).

            Check ads for...
            18-09-2020, 13:48 PM
          • Part furnished
            by Chester Perry
            Our property was let part furnished however upon leaving the Ex. tenant took it upon himself to relieve us of the white goods and wooden blinds.

            The dishwasher, washing machine, 2 x fridge freezers and wooden blinds throughout were actually ones purchased when the property was our main...
            18-09-2020, 13:34 PM
          • Reply to Housing First - what are your thoughts?
            by boletus
            What are your arrears, ASB, and eviction rates as a % of all tenancies?
            18-09-2020, 13:41 PM
          • Housing First - what are your thoughts?
            by LandlordLiaisonOfficer
            Hello,

            I work for a homeless charity and I am hoping you don't mind me bending your ear and gaining some landlord insight on a model we are imminently implementing for some of our service users.

            Traditional housing models within the homeless sector require the service user...
            18-09-2020, 12:32 PM
          • Reply to Guarantor agreements
            by AndrewDod
            I suppose the real questions is not "what tricks do I need to try to get around these potential massive risks"
            but rather
            a) "how much extra premium should I charge on rents to offset these massive risks" - 10%, 50% ?
            and
            b) What criteria does a potential...
            18-09-2020, 13:33 PM
          • Guarantor agreements
            by CHARLIEMAN
            Hi all,

            I am asking a prospective tenant to provide a guarantor and was wondering how the deed should be dated with regards to the term of the tenancy. The tenancy will be a 6 month assured shorthold agreement but I would want the guarantor to continue to act for the duration of the periodic...
            16-09-2020, 14:22 PM
          Working...
          X