Tenants deposit not in protection scheme

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    Tenants deposit not in protection scheme

    We have just moved out of a residential property and were having trouble getting our deposit back because the landlord said there was a damaged door knob and a damaged blind. He also said the front room carpet had not been cleaned as promised and that he needed to get in a professional cleaner to do so. We explained that the reason we had not cleaned the carpet was because the new owner had told us she was removing it. We cleaned all of the other carpets and cleaned the house over 2 days. The landlord did a preliminary check on handover and said it looked very clean and that he would give us the deposit in a few days. After 10 days I contacted him to ask where the deposit was. That is when he said he was not happy with the above issues. It turned out that the sale had fallen through and he was very upset.
    We agreed that we would clean the carpet ourselves and he would inspect it and if he was happy he would forget about the blind and door knob and give us back our deposit. We argued that the blind and door knob were damaged through wear and tear and to be honest cheap fittings. We thought he was getting a bit petty as we had put up with a lot of mishaps over the 3 years. We had always paid on time. We were leaving because the heating was old, the electrics were old, the house was cold, draughty and moldy. Lots of work needed doing.
    We asked the landlord what deposit scheme our deposit was in and he immediately refunded us the whole amount. He admitted that the deposit was not in a scheme even though we had specifically told him he had to do this.
    We are not very happy about this. Even though we have the deposit now, we feel like we have been treated badly and are not happy with his attitude since we left.
    If we were to raise a dispute what do you think would be the outcome considering we already have the deposit back? Can you still raise a dispute or is it more of a complaint that he did not protect our deposit?

    #2
    You can raise a claim, and be rewarded with mega-bucks despite suffering no loss, but my advice is to forget about it and move on.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      It would cost significant funds upfront with solicitors though. As it isnt a DIY court job because of the route required to court.
      [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

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        #4
        Sounds like a win/win already. No one is out of pocket and its all over. I don't think vindication is necessary. Just move on and enjoy your new place.

        Comment


          #5
          Well like it or not (and I dont)you are entitled to claim compensation of between 1 and 3x the deposit for non protection. I have also seen it suggested that you might also get the same again for LL not providing the required information.

          If you dont want to go through the court you could always write to you ex LL and say that you are preparing to take him to court but will settle for £x. If he declines you have got 6 years from the date the deposit was taken to make a claim, the no win no fee lot will soon latch on to this - wait for the daytime TV ads.

          Comment


            #6
            Originally posted by janner66 View Post
            We are not very happy about this. Even though we have the deposit now, we feel like we have been treated badly and are not happy with his attitude since we left.
            If we were to raise a dispute what do you think would be the outcome considering we already have the deposit back? Can you still raise a dispute or is it more of a complaint that he did not protect our deposit?
            Raise a dispute over what exactly?

            Failing to protect a deposit is a separate matter. You have a case to claim for non-compliance under s.214 Housing Act 2004. You will need to hire a solicitor, and court fees will exceed £1,500 (as claims under s.214 should be allocated to the multi track - though sometimes they're not).

            If you win (and there is essentially no defence for the LL) then the court will order the LL to pay you between 1x and 3x the value of the deposit, and the court fees and some or all of your legal fees. If you lose, then you'll be stuck with the court fees and your legal fees.

            Because of the potential cost consequences, it is inadvisable to attempt to pursue such a claim without expert legal advice. You could lose by failing to plead the claim correctly.

            Comment


              #7
              If he was a multi-property LL and was shouting that he won't ever use deposit protection then I would consider sueing as westminster advises above to serve to teach him that he isn't above the law.

              Seems to me though that he has taken advice and acted appropriately so would indicate to me at least that he's learnt his lesson and so the only reason left would be the windfall payment and I just wouldn't, I just want him to follow laws considering myself happy that I don't have to wash that carpet or fuss over the blind.

              I would prefer that non-complaince was prosecuted via the council and fines paid to them but hey ho I don't run the country.
              I'm a good tenant with great landlords
              I'm also a living, breathing, fully cooked female.

              Comment


                #8
                I would prefer that non-complaince was prosecuted via the council and fines paid to them but hey ho I don't run the country.
                Amen to that

                If you dont want to go through the court you could always write to you ex LL and say that you are preparing to take him to court but will settle for £x. If he declines you have got 6 years from the date the deposit was taken to make a claim
                I would go down this route (this coming from a landlord), we all have to abide by the rules whether we like it or not, plus it annoys me when landlords nitpick with the deductions from the deposit (a door handle ffs...). its worth the price of a letter surely, maybe just claim back all the expenses you incurred during carpet cleaning and general cleaning up of the place.

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