Deposit Protection: Court case won against Landlord

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    #91
    I've no objection to penalty claims at all when an experienced agent or landlord just chooses not to protect the deposit which may have been the case here.

    However I have to agree with jjlandlord that this forum is not really the place to post such a detailed account.

    Whil​e the forum is used by both tenant and landlord and we often give tenants advice as landlords ourselves, I don't believe penalty claims should be actively encouraged in this way.

    May I also ask the OP where he received information that a claim must be made within 6 months of the tenancy ending?. I was always under the impression it was 6 years from the date paid or deemed paid?

    Comment


      #92
      actually, by it being reproduced in full here might actually help landlords recognise how important it is to follow the 'law' regarding deposits correctly, when they see just how easy it is for such a claim to be made and awarded against them.

      Comment


        #93
        Thanks esotehric, I'm in the same situation.
        Could you please upload your completed N208 form as you mentioned in your post?

        Many thanks
        Maria

        Comment


          #94
          Maria:

          He doesn't seem to have been on this site since Feb 2016.
          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


            #95
            You can have a look at http://www.unipol.leeds.ac.uk/Media/...overy_Pack.pdf . Ignore the small claims fee part, the correct fee is non-money claims in the county court which is currently £308. You can only claim interest on any deposit that should have but has not been returned, not on the penalty itself. In part 2, the up-to-date annual rent limit is £100,000, and it's 30 days not 14 days time limit for protection throughout the document.

            Just detail the claim in the particulars, attach any associated evidence with a witness statement you're including as part of the claim.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            Comment


              #96
              Thanks a lot KTC.

              Comment


                #97
                See also
                https://england.shelter.org.uk/housi...nsation_claims
                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


                  #98
                  Thanks for posting your experience of claiming the deposit . It's useful to hear both sides of the story.

                  Comment


                    #99
                    Hello guys,
                    can anyone say what would be the answer to below question on the claim form please?

                    Does your claim include any issues under the Human Rights Act 1998? Yes/No

                    Many thanks.

                    Comment


                      No .
                      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                      Comment


                        You should answer 'yes'. Then on a separate sheet you explain how your landlord is breaching your human rights by not protecting your deposit based on Arkell vs. Pressdram.

                        Comment


                          Originally posted by jjlandlord View Post
                          You should answer 'yes'. Then on a separate sheet you explain how your landlord is breaching your human rights by not protecting your deposit based on Arkell vs. Pressdram.
                          Very mature....

                          Comment


                            I'm very serious. That way the court may award additional compensation for the distress caused.

                            Comment


                              Very interesting, can't blame the landlord for doing nothing once the court process had begun, as far as I can see there is zero defence for deposit protection.

                              Ive fallen foul of deposit protection a couple of years ago, not through ignorance but by a pretty shitty month and a half of considerable distress in my family, including 3 deaths. By the time I had got my head straight to even get stuck back into work I was late with a deposit protection by 1 day. I'm just waiting for the day a letter coming through from some 2 bit firm acting on behalf of tenant and taking me to court for the "distress" they have suffered.

                              I get the whole penalty thing and im in full support of the whole deposit protection scheme but 3x deposit back to tenant doesn't sit well with me. Why should the tenant receive such a windfall?

                              Please don't get me wrong, if deposit not protected the landlord should rightly be penalised but with the state get the penalty payment and the tenant receiving deposit back in full.



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