Deposit Protection: Court case won against Landlord

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    #16
    Originally posted by jjlandlord View Post
    Should this be posted on a landlords forum? This can only hurt landlords...

    The amount of penalty should be based on the landlord's culpability. I would urge landlords to defend such claim by gold diggers on the basis that they screwed up by that it was a one off and they tried to put it right (by protecting the deposit or refunding it).
    Yes, the judge awarded 3 times the amount, I think, due to quite a few reasons. Very late protection, no PI, and the fact the the landlord is a rental company (lol) and thus must surely know the rules.

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      #17
      Originally posted by jjlandlord View Post
      Well, if you do not want to help landlords, perhaps you do not want to help gold diggers either... Or we might as well donate to Shelter.

      I thought this forum was to help landlords. Everyone screws up now and then.
      I do not think there is 'gold digging' about it. Like I said, I would not have done this to a sole landlord, or a landlord that had been good; this was a company who were very poor. I wonder how many of their other tenant's could take them to court.

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        #18
        Originally posted by jjlandlord View Post
        Should this be posted on a landlords forum? This can only hurt landlords... .....
        Yes....for example....

        a) If only to highlight to landlords (and agents) how not to do things....
        b) Tenants come her for info/advice also & some provide very good info/advice to all likewise....
        etc
        etc
        etc....

        The "Landlord only" websites I've sampled seem far too blinkered, unbalanced and smug about how landlords are always right/sat-on/discriminated against: It ain;t like that (IMHO....). This site seems to do way, way, more good for landlords, agents than the others I've seen...
        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...

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          #19
          Originally posted by esotehric View Post
          and the fact the the landlord is a rental company (lol) and thus must surely know the rules.
          That's the reason, then. As I wrote, it's all about culpability.

          However, from your posts there was gold digging, you planned it all along. Good for you.
          Anyway, IMHO this has nothing to do in a landlords forum.

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            #20
            Originally posted by jjlandlord View Post
            Should this be posted on a landlords forum? This can only hurt landlords...
            No, it helps Landlords. It helps new Landlords, who may read this, by being a cautionary tale. It helps seasoned Landlords understand the 3x penalty is real and is entirely possible. A helpful post. I think, correct me if I'm wrong, your argument must be about some of the mechanics being laid out here for all to see? Well, even that's helpful too, because it alerts Landlords to how relatively easy this can be to achieve.

            The Landlord deserves what they got and, while I think, the ex-Tenant may not deserve 3x, the Court certainly thought so.

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              #21
              Seems healthy to me. Freedom of speech...
              There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

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                #22
                Originally posted by Hippogriff View Post
                No, it helps Landlords..
                A cautionary tale would be to just tell that an award was made. He posted an howto guide.

                Anyway I'm out. It seems I belong with all the long gone contributors to this forum...

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                  #23
                  That would be a shame, and a loss of a much needed correction to loose thinking.

                  In this case, I think there is a value in the how I did it guide.
                  It shows landlords what a tenant with time and resource is prepared to do, and the error, in my view, of not making the tenant a reasonable offer, filing a defence and making a request to change track.
                  Had the landlord/agent proposed any kind of defence ("one error in hundreds of instances", "person responsible sacked", "very very sorry, we protected it as soon as we realised") they might have been less badly off - there would probably have been a hearing in any case.
                  If the result came near to the offer made, the landlord/agent could possibly have avoided costs.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #24
                    Originally posted by jjlandlord View Post
                    Anyway I'm out. It seems I belong with all the long gone contributors to this forum...
                    Seems like it. If things ain't going your way, take your ball home..? Is that exactly how these other long contributors worked too?

                    Stifling what others say is not how the world, or forums, should work... very, very basic principle; several folk here hate that.

                    The cautionary tale is only valuable with detail, truly.

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                      #25
                      Originally posted by Hippogriff View Post
                      Is that exactly how these other long contributors worked too?
                      Many of them were very knowledgeable, professional people. Perhaps they grew tired of such comments.

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                        #26
                        " He posted an howto guide."

                        Yes, and gave some misleading facts. The Judiciary fought for Right to vary the Penalty to 1-3x deposit, rather than the previous Mandatory 3x, so they could assess culpability of LL and resultant risk to T. They are now failing to require Appicants to follow required full CC procedure and higher initial cost, in favour of SCC procedure since the limit was raised to £10K. As LC has previously observed, SCC claimants can ony claim for existing debt ie deposit, not inc Penalty. IMO any claim should be for only return of deposit, allowing Judge to decide question of whether was properly protected. Any SCC claim for more than deposit should be rejected or referred to correct CC pathway.Whilst the thread informs Ts, it also informs LLs.
                        We advise both of the pertaining Law/rules irrespective of status. Single T/LL for a can lead to exchange of loopholes/scams IMO

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                          #27
                          Originally posted by jjlandlord View Post
                          Many of them were very knowledgeable, professional people. Perhaps they grew tired of such comments.
                          Gosh. How awful for many of them. Bye...

                          Comment


                            #28
                            Thank you for this very useful post. As a landlord myself with 2 student children who are tenants, I can be objective and see the benefit to both landlords and tenants of your post.

                            Anything that will help tenants take on poor landlords will hopefully help to lead to a reduction in their numbers.

                            If you could upload your redacted claim form it would be very helpful.

                            It's a pity that there isn't a similar dedicated and popular blog for tenants - if anyone knows of one I'd appreciate a link.

                            Comment


                              #29
                              I thought this site always tried to be helpful to LLs and Tenants? As Bluekipper I am a LL but my son will be renting a house with friends as a student from next September so I may need advice from both sides of the fence!
                              Unshackled by the chains of idle vanity, A modest manatee, that's me

                              Comment


                                #30
                                As Bluekipper I am a LL...
                                You are posting under 2 different user names? Tsk. Tsk.

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