Please Help! Claiming for unprotected deposit and compensation

  • Filter
  • Time
  • Show
Clear All
new posts

    Please Help! Claiming for unprotected deposit and compensation

    Hi All

    I would really appreciate some advice on a situation I'm currently involved in with my ex landlord. I vacated a rental property in December 2011 after a 2 year tenancy. I believed I had a good relationship with my landlords, a husband and wife, and always looked after their property as if it was my own. When they conducted the final inspection they told me they were very pleased with the cleanliness of the property (I'd spent 3 days ensuring everything was spotless including, windows, the garden, skirting boards, inside of kitchen cupboards, oven, etc) and the only issue they raised was with a small stain on the living room carpet which I agreed to cover the cost of. All was fine, they told me they would let me know how much the stain removal would cost and then return the remainder of the deposit to me. I then heard nothing for 6 weeks, despite calling and emailing requesting contact. Eventually they wrote to me explaining that they were charging me for a whole list of items that we had not agreed to, including professional cleaning, oven cleaning, replacement of furniture covers, and that they would only be returning £1.80 of my £600 deposit. I of course disputed this and requested information of my deposit being protected. To cut a long story short, the deposit was not protected and i was therefore unable to use a dispute service to sort out the matter. 9 months on we are still in dispute and I have decided to take them to court. My question relates to the forms I should use. I understand that form N1 is for small claims and cannot be used for claiming compensation for failure to protect the deposit. Should I complete both form N1 for return of deposit, plus form N208 to claim for compensation? Also I can only find a useable copy of form N208(CC) on website as the N208 is blacked out. Is it ok to use the N208(CC)? Also when I complete the form do I specifically include 3xdeposit within claim value? I'm really confused and would appreciate any advice you can provide.

    Many thanks!!

    Originally posted by brum79 View Post
    I vacated a rental property in December 2012 after a 2 year tenancy.
    Allow tenants to protect their own deposits. I want free money when they do it wrong


      Originally posted by thesaint View Post
      Whoops! I meant December 2011!!


        Just as a start, you are aware that the arbitration scheme offered by the deposit companies is optional - even if the deposit was protected, the landlord had the option to not use it.

        However, on to your query. . .

        You can reclaim your deposit only through the county court 'small claims' track. You are correct that a 'non-protection' claim can not be heard in 'small claims', but do you appreciate what the costs are for a 'multi-track' claim? You are looking at £1500+ in court fees, and it is more complex than 'small claims' so you may need a solicitor (and his bill!). The penalty is no longer a default 3x the deposit value - that is now the maximum.

        You'd be fine using the N208(CC), or give it a day or two, I'm sure the HMCTS site will be working again soon.


        Latest Activity


        • Reply to Rent Rises in 2020
          by DPT57
          Well if the market rent for your properties has increased and you think that there would be a good prospect of re-letting quickly and there is a low risk that your existing tenant will stop paying rent altogether then from a business point of view, it makes sense to increase the rent. Having said that,...
          22-09-2020, 14:57 PM
        • Rent Rises in 2020
          by jpucng62
          I cancelled all my annual rent increases when Covid hit. Since then some people have really suffered financially and others haven’t. In addition LHA rates have increased substantially for anyone needing support which appears to have had the knock on effect of increasing the rent of properties now...
          19-09-2020, 17:48 PM
        • Reply to Rent Rises in 2020
          by jpucng62
          Where I rent properties (Beds / Northants / Nottingham) rents have risen substantially and availability has fallen. So my question is still, 6 months on from everyone being told to stay at home and with normality of work returning for many tenants (I accept not all) and many people not unduly financially...
          22-09-2020, 14:44 PM
        • Reply to Tenants possessions left in abandoned property
          by MR M
          I did consider approaching a Tracing Agent to try to obtain the Tenant's current whereabouts or updated information about them but the feeling is that it is not worth initiating this yet as its too soon. They may not show-up as having set-up elsewhere yet or have generated updated information about...
          22-09-2020, 14:10 PM
        • Tenants possessions left in abandoned property
          by MR M
          The tenancy is a statutory periodic tenancy after the original AST ended. The tenant has rent arrears and a S21 was issued around 3 months ago. There is no deposit and an EPC, gas safety certificate and how to rent guide were all issued previously to the tenant.

          I believe that the tenant...
          16-09-2020, 10:03 AM
        • Reply to Renovation/Improvements vs Repairs / Maintenance
          by newtenant9011
          You can prevent the landlord from entering, as you have a right to quiet enjoyment, you can even replace the locks if you would like.

          In turn, the landlord could issue you a section 21 notice, but the notice period is 6 months currently plus the court backlog.
          22-09-2020, 14:08 PM
        • Renovation/Improvements vs Repairs / Maintenance
          by thesleepingdog

          I am having A LOT of trouble with my LL who is continually asking to carry out improvements on the property. It is literally nonstop and it has got to the stage where I am utterly fed up and want to leave.

          During my tenancy he has replaced all the windows in the house,...
          22-09-2020, 13:22 PM
        • Reply to Rent Rises in 2020
          by DPT57
          In my part of London there is no market justification for rent increases and imo increased individual landlord costs is not a reason to raise them....
          22-09-2020, 14:07 PM
        • Reply to Rats
          by ChrisDennison
          These are very interesting comments, one of my councils (South West) told me they had to stop these services unless in public areas.
          22-09-2020, 12:35 PM
        • Rats
          by ETB
          I have a tenant who has reported that he can here rats in the walls and ceiling of his 4th floor apartment. He says there are other complaints on the tenants facebook group. I have messaged the maintenance company (Name removed) but they are not replying. Just wanted to check who is liable, I'm assuming...
          21-09-2020, 22:15 PM