Deposit Protection: Court case won against Landlord

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  • KTC
    replied
    No. Shame on you for reviving a 3 years old thread with a throwaway account to attack OP for exercising not just their legal right, but going through the process designed by parliament to punish LL for failure to protect deposit correctly, precisely so they will protect the deposit correctly in the future.

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  • OPisnotagoodperson
    replied
    esotehric, shame on you too.

    you really are one of those types of vulturous people. The landlord gave you the full deposit back and then you decided to go after him for your own gain...even premeditating this throughout the tenancy by ‘playing dumb, staying quiet’ in your own words

    the fact he didn’t secure the deposit wasn’t your issue, you just wanted to exploit his error for your own financial gain

    what a despicable act

    well done you

    shame on you

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

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  • Baldie91
    replied
    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....

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  • jjlandlord
    replied
    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.

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  • KTC
    replied
    No .

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  • Maria63
    replied
    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.

    Leave a comment:


  • blinko
    replied
    Thanks for posting your experience of claiming the deposit . It's useful to hear both sides of the story.

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  • theartfullodger
    replied
    See also
    https://england.shelter.org.uk/housi...nsation_claims

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  • Maria63
    replied
    Thanks a lot KTC.

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  • KTC
    replied
    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.

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  • theartfullodger
    replied
    Maria:

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

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  • Maria63
    replied
    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

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  • MisterB
    replied
    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.

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