How to chase landlord in court for late deposit protection

by Readers Question

4 years ago

How to chase landlord in court for late deposit protection

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How to chase landlord in court for late deposit protection

My tenancy ended last year on 7-June-2013. It was joint tenancy which started in Dec-2011 , ending on Nov-2012. The other two joint tenants left mid way through this period and I stayed on with other new friends that came along and shared the apartment. All this in full cognizance of the landlord. How to chase landlord in court for late deposit protection

The landlord had not protected the deposit until Nov-2012 when I started asking him deposit-id and he eventually deposited with DPS but late by almost ten months.

I am now relatively free from work and family and want use time to claim the penalty from landlord for delay in protecting my deposit. I have spoken to the landlord about it and he wants to see me in the court. The deposit has already been returned after adjudication by DPS.

I have obtained letters from other two tenants authorising me to act on their behalf in this matter of claiming penalty

I need advice on what I need to do next: I mean which form I need to fill and what are the things I really need to be cautious of.

Thanks for your help.

Regards

Peter



Comments

Mark Alexander

4 years ago

Hi Peter

It does seem that your landlord was particularly naive, not just for failing to protect your deposit in time but then to go on to dispute a refund and subsequently lose his claim. What a pity he didn't choose to educate himself by reading Property118!

I'm sorry but I don't know how you would go about making a claim but I'm sure somebody will come along soon to advise you.

Let's hope that your former landlord learns from this experience and books himself onto a landlord accreditation course and starts reading Property118 in future.

From what you have said it would appear that you have a very strong case to receive the full 3X deposit compensation that you and your fellow joint tenants are legally entitled to.
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4 years ago

as far as i am aware, you can download an N208 form from most court websites to start the process to claim for a depoist not protected.

papal peter

4 years ago

Reply to the comment left by "Julie Ford" at "13/08/2014 - 09:45":

Hello All, Thanks for your comments. My case is for late protection and not sending me the Prescribed Information Booklet.

Can someone please answer this question for me, if I take the case to court will the court also order refund of court fee and other expenses.

I have seen on Landlordzone and consumeractiongroup website that the judge may not necessarily order the costs as well, particularly if the deposit was protected, late though. Are they just scare-mongers?

Mark Alexander

4 years ago

Reply to the comment left by "papal peter" at "14/08/2014 - 12:46":

I can't comment on what others have discussed elsewhere.

In the scheme of things though, why does this worry you?

It appears that you stand to get compensation of up to 3 times your deposit. Whether that is plus your costs is somewhat by the by is it not? The judge will award what he thinks is fair. That might be just one times the deposit but surely that's better than nothing at all?
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papal peter

4 years ago

Reply to the comment left by "Mark Alexander" at "14/08/2014 - 13:18":

Thanks Mark for the reply.

What will happen to the court fee that I incur in taking the Landlord to court? Can the court turn a blind eye to it?

Mark Alexander

4 years ago

Reply to the comment left by "papal peter" at "14/08/2014 - 14:01":

I don't know, I have never previously had cause to look into this.

Is there even a Court fee involved?
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papal peter

4 years ago

Yes. To take the landlord to court, I will incur solicitors cost and court will take its fee.

Mark Alexander

4 years ago

Reply to the comment left by "papal peter" at "14/08/2014 - 14:17":

Why do you need a solicitor?

If you think you will need legal representation have you searched Google for solicitors who do this on a no-win-no-fee basis?
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Percy Vere

4 years ago

Take it from me that there is no guarantee you will win your case unless there was a dispute over non payment or an exceptionally slow return of your deposit or excessive disputable deductions from your deposit that you didn't agree with and the Landlord withheld deposit money from you..
Do you have any complaints about the deposit or the landlord other than the fact the landlord was late paying it into the DPS?

Rob

4 years ago

Obviously your landlord has made a mistake with his timing in registering your deposit but has ultimately registered it so your were protected. what are your reasons for taking him to court exactly, is it because you feel hard done by? Have you suffered any financial loss from your landlord because it was registered late? Or are you just trying to make an easy buck at the expense of your landlord? Are you claiming simply because you can or are you trying to prove something? When my tenants vacate properties it would be easy for me to make a quick buck out of them by charging for small damages such as scratches,stains,curtains that haven't been cleaned blown light bulbs etc....but I don't and a lot of landlords don't.

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