Deposit protection scheme - historical claim?

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    Deposit protection scheme - historical claim?

    Hi Everyone,

    I have been reading with interest forum posts about the deposit protection scheme

    We (my wife and I) had a tenancy which started on 07/12/2008 6 month fixed term assured shorthold tenancy which I assume went periodic until we moved.
    We then moved into a bigger house with the same landlord 20/07/2009 on a 6 month tenancy - renewed after 6 months again which we left on 13/09/2010

    The landlord said they put our deposit of £390 in the DPS but we have checked and it wasn't for either address's and we never were given any information about the deposit.

    The landlord finally returned the deposit a month after we left after we threatened to contact the DPS ourselves.

    I am still annoyed that we were treated badly by this landlord ( repairs never done etc )

    I do not have any of the tenancy agreements any more, or their address but I do have historic emails confirming all above by them - deposit amount - moving dates etc.
    The emails also contain their names/bank details for payments etc. We were on benefits at the time, they were an accredited landlord through stoke on trent council. The council helped pay our deposit which has long since been repaid to the council.

    Could I still take them to court? and if so what to expect in penalty? how do I prove the tenancies or send a letter before action if I don't have their addresses?

    thanks in advance for any help

    #2
    No you cannot take him to court because all the tenancies ended before the Localism Act was enacted in 2012.
    That means you could only sue during the relevant tenancy.

    Comment


      #3
      ok thank you - I thought I could claim for 6 years as the landlord didn't protect at all? Thanks for your swift reply

      Comment


        #4
        Originally posted by Paul7365 View Post
        ok thank you - I thought I could claim for 6 years as the landlord didn't protect at all?
        This is only the case for tenancies which ended after the Localism Act in 2012.

        Comment


          #5
          I don't mind people suing/taking people to court when there is a genuine reason to do so. This sounds like you just fancy some extra money 5 years down the line. To be totally honest, it disgusts me, I'm glad it seems you can't make a claim.
          "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

          What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

          Comment


            #6
            Originally posted by Wannadonnadoodah View Post
            I don't mind people suing/taking people to court when there is a genuine reason to do so. This sounds like you just fancy some extra money 5 years down the line. To be totally honest, it disgusts me, I'm glad it seems you can't make a claim.
            Some would say that's somewhat unfair Wanna... there is a genuine reason (which you may or may not have sympathy with), that the landlord misled the tenant
            The landlord said they put our deposit of £390 in the DPS but we have checked and it wasn't for either address's and we never were given any information about the deposit.
            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


              #7
              theartfullodger,

              I agree with you and indeed the quote that you put up. I'm just a bit miffed that the T left the property on 13/09/2010 which was 3 years, 6 months, 26 days ago. What pressing damages are they pushing for that warrant waiting so long.
              "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

              What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

              Comment


                #8
                Th OP also state "The council helped pay our deposit which has long since been repaid to the council."

                Did the Council provide deposit guarantee or cash?
                Even post Localism Act, the T could only claim for his unprotected share of cash deposit, not Council's share.
                Maybe Ts deposit was not returned & used for T damages, unlike Council's share.
                I know that is not rel to non-protection claim, but it appears T may be wondering why Council deposit was repaid and not his share.

                Comment


                  #9
                  Originally posted by Wannadonnadoodah View Post
                  I don't mind people suing/taking people to court when there is a genuine reason to do so. This sounds like you just fancy some extra money 5 years down the line. To be totally honest, it disgusts me, I'm glad it seems you can't make a claim.
                  I 100% agree and your fully support your comments on this matter.!

                  It appears there are a vast number of T's jumping on this bandwagon for pure financial gain....

                  Comment

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