Please Help! Claiming for unprotected deposit and compensation

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    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 Justice.com 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!!

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

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      #3
      Originally posted by thesaint View Post
      Amazing...
      Whoops! I meant December 2011!!

      Comment


        #4
        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.

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