Deposit still not returned but left property 2 years ago.

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    Deposit still not returned but left property 2 years ago.

    Dear Forum,

    I left my previous property due to far to many safety issues that were not being addressed by Landlords, namely the boiler would constantly switch off when it was windy, or finding issues with redevelopment work that was going on around the rented property.

    I was hoping to make a small claim for a number of issues and also the fact that the depsoit was meant to be with the DPS, never was, but have been unclear over the last year with regards the best way to do this.

    I have read recently that I can still make a claim against the Landlord for my deposit, but not sure if this is via the Small Claims Court or through over means to try and get 3 times the value of the deposit.

    The previous Landlords have written to me on various occasions about my complaints, but always maintain that they have done everything correctly, but on moving into what was meant to be a residental house, I had to deal with so many issues, as the property was still registered as part of a Hospital. I couldn't get a phone line, as had to change the postcode, had to constantly make repairs to the garden due to trenches not filled in correctly, the front garden hedge was ripped out to make a cycle path, so was left for months with dangerous spikes in the garden and a huge drop into my driveway that damaged my car.

    Sorry to waffle on, but I dont know if its best to do two seperate claims, one for my damages and one for my deposit.

    Property in England - Rent 1,000 pounds pcm deposit plus second months rent paid upfront but never protected - letting agent has done a bunk with deposit (Estate Agent said the ywould pay back but never have) - only partial valid Gas Safety Certificate, gas cooker never checked, nor any certificate for first year.

    #2
    As your tenancy ended before 6/4/2012, a claim for non-protection is destined to fail.

    In May 2011 the Appeal Court decision in Gladehurst Properties Ltd v Hashemi had the effect of limiting section 214 claims to existing tenancies - stating that the grounds for a s.214 application will cease to exist once the lease expires. In other words - once the tenancy is over, no claim could be submitted.

    You can still claim for the value of the deposit - and any other 'damages' you suffered via http://www.moneyclaim.gov.uk and so long as it remains under £5k (soon to be increased to £10k) then it should be allocated to the small claims track.

    Comment


      #3
      Originally posted by Snorkerz View Post
      As your tenancy ended before 6/4/2012, a claim for non-protection is destined to fail.

      In May 2011 the Appeal Court decision in Gladehurst Properties Ltd v Hashemi had the effect of limiting section 214 claims to existing tenancies - stating that the grounds for a s.214 application will cease to exist once the lease expires. In other words - once the tenancy is over, no claim could be submitted.

      You can still claim for the value of the deposit - and any other 'damages' you suffered via http://www.moneyclaim.gov.uk and so long as it remains under £5k (soon to be increased to £10k) then it should be allocated to the small claims track.
      Thank you Snorkerz, your a wealth of information

      Comment


        #4
        You say you "left" the property.

        Was this at the end of the fixed term, after you had paid all the rent due for the fixed term?
        Allow tenants to protect their own deposits. I want free money when they do it wrong

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