Property sold but deposit was not re-protected. Ground for compensation?

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    #91
    I haven't sued the new LL yet but I had sent a letter before action in November. Also called Shelter, who said it's the new LL that is responsible & they are liable for the penalty.

    It's getting absolutely ridiculous. After I sent the letter before action, they asked for an extension for the deadline to reply twice, and the last one expired yesterday. I'm ready to sue them but it's so annoying that it's almost Christmas time!

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      #92
      You have sent LBA: Extension (which you probably didn't have to agree to) has/have expired: I assume you have commenced court action, if not please do so - for your own sake.

      & please keep us informed of progress (rather than lack-of-progress..)
      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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        #93
        I think this could make any claim against the current landlord void if the original landlord has now returned your deposit?

        It confirms he never actually received it and therefore I don't see how he can be liable for penalty.

        I would be frustrated by now too!. Your original landlord should put a stop on the cheque and issue your payment accordingly. Where did he actually send it to and why?!

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          #94
          Think the claim for the up-to-3x deposit would still be valid - against new landlord AND possibly old landlord: New landlord took resp for deposit on purchase, (even though he may think he never had it) & he did not protect it.
          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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            #95
            According to a solicitor it doesn't matter whether LL has "physically" received it and LL must serve PI etc. within 30 days of completion.

            I'm now told the old agent did so because the new LL told them to do so. They didn't mention anything to me, just sent a cheque (or so they claim). I really don't know why they need to make it so complicated.

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              #96
              We already established in earlier posts that the new landlord was responsible for returning the deposit and recovering from original landlord.

              Whether he will be liable for a deposit Scheme penalty will be a test as he didn't actually receive it.

              However in view of the way the new landlord has passed the buck and the delay and problems you have had in trying to retrieve it, I would most definitely be seeking some form of compensation from him even if a deposit penalty doesn't apply.

              I think in the letter of the law he is still responsible for returning your deposit and you could therefore receive it twice...if the cheque from original landlord ever turns up!

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                #97
                New LL has now basically told me to sue him if I want. Says they are not responsible for the deposit and the deposit was "protected according to the scheme with the old agent". They also told me again that I should have gone to the old agent, and just to piss me off said that it was my fault I couldn't receive the cheque, even though THEY told the old agent to send the cheque to that address without asking me.

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                  #98
                  Then call his bluff and sue him because he should have checked your deposit was held in a scheme.

                  If I remember rightly your deposit was insurance based and he should have followed it up and not assumed it was held in a scheme or took original landlords word for it.

                  Either way he was responsible for it and shouldn't have passed you back to original landlord. It was his mess to sort out.

                  I'm still not convinced he will fall under deposit penalty but he is definitely responsible for something if not wasting your time!

                  I wouldn't bother chasing the missing cheque before commencing legal action against new landlord.

                  You could maybe put your grievance in writing. Provide new landlord with a copy of your contract showing in black and white he is responsible for your deposit.

                  Remind him that when purchasing the property and gaining the tenancy he became responsible for your deposit and it's return.

                  Point out that your deposit was held in an insurance based scheme and it was up to HIM to transfer it, as the change in landlord automatically cancelled it.

                  suggest to him that he has had ample time to refund your deposit which you are legally entitled and it is not your problem if he is struggling to retrieve it from first landlord.

                  You are holding him personally responsible and have been advised to sue if it is not returned by bank transfer within X amount of daus.

                  Remind him that penalties are issued for Landlords who do not comply and that you will be seeking the maximum penalty due to the stress of being passed Around.

                  Again I'm not sure the penalty will apply but at very least he will be forced to refund you, plus Any legal fees

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                    #99
                    How did this thread get to nearly 100 posts with so little action!?

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                      Slightly anticlimactic update but the deposit was finally refunded by the old agent.
                      I'm still pretty angry at the new LL but now I'd have to go through part 8 and there are no definitive prior case yet, so I think I won't take any action for now. There's still 6 years and maybe if any similar cases are decided I'll think about it again. At least I got my deposit back!

                      Thank you everybody in this thread.

                      Comment


                        Good plan:. Bide your time, hope for a case establishing precedent
                        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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                          Alls well that ends well and at least you have your deposit back.

                          The new landlord may have learnt a lesson that he should have dealt with the deposit and hopefully this will help other tenants

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