How to chase landlord in court for late deposit protection

How to chase landlord in court for late deposit protection

9:26 AM, 13th August 2014, About 7 years ago 18

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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

by Mark Alexander

14:50 PM, 14th August 2014, About 7 years ago

Reply to the comment left by "Percy Vere" at "14/08/2014 - 14:42":

See original post, case went to ADR, landlord lost.
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by Percy Vere

15:11 PM, 14th August 2014, About 7 years ago

Thanks Mark........Just waiting for OP to reply to my comment.

The problem is that rumours abound regarding what is correct or not correct in the World of Landlording and there was a case recently on here regarding a comment I made on here about "holding deposits" which brought out replies about whether it should be protected or not.
Most of the answers to most questions raised on here are readily available on Government web sites which is just possible why the "Old Duffer" ( if indeed he was old! ) you mentioned was complaining about things......not that I would in any way agree with that statement he made.
So here it is straight from the Government Deposit Website.

Holding deposits
Your landlord doesn’t have to protect a holding deposit (money you pay to ‘hold’ a property before an agreement is signed). Once you become a tenant, the holding deposit becomes a deposit, which they must protect.

by Mark Alexander

15:21 PM, 14th August 2014, About 7 years ago

Reply to the comment left by "Percy Vere" at "14/08/2014 - 15:11":

Yes but what relevance does holding deposits (pre-tenancy) have in relation to this thread which is about tenancy deposits?
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by Percy Vere

16:57 PM, 14th August 2014, About 7 years ago

The point being made Mark is that the OP could possibly find out his information that he requires from the Government web site on Landlord / Tenant Deposits as a first enquiry.

Holding deposits /Tenancy deposits ? pretty close eh! Some of the 118 forum members were not aware of the fact they do not need to be protected until the money given to the LA or Landlord becomes absorbed into a tenancy deposit which is what normally happens in most cases.

by papal peter

17:35 PM, 14th August 2014, About 7 years ago

Well, the Landlord has been very wicked and as I said he tried all sorts of stunts to deduct deposit but he lost as DPS.

He was very slow in returning my deposit as he took a long time to get back to DPS. I vacated on 7 June and I got money back on 29-Aug. Reduce 4 weeks from this that DPS took for their own processing.

Apart from this the Landlord has been late in protecting my deposit and if he does not provide me the "Prescribed Information Booklet", he essentially deprived me information about my rights and I had run all over the internet to become aware of them.

And the LL protected the deposit only after I chased him for this, not on his own sweet wish. I have the emails in this regard.

There are other occasions as well when the LL was particularly nasty.

by Ian Manning

13:29 PM, 15th August 2014, About 7 years ago

I think you've hit the nail on the head, Rob. Too often the landlord is tarred with the same brush as the cynically bad ones and some tenants think it's okay to simply screw money out of one. Like you, Rob, I think that if Peter didn't suffer any financial loss because of the delay, I can't understand why he thinks it reasonable to try to penalise the landlord. Of course, I don't know the background - maybe the landlord had been one of the 'cynically bad' ones I mentioned above and Peter simply wants to get recompense for earlier landlord failings.

by Mark Alexander

15:47 PM, 15th August 2014, About 7 years ago

Reply to the comment left by "Ian Manning" at "15/08/2014 - 13:29":

Sorry Ian but I think you and Rob need to read the original question again, as well as other comments left by Peter in this thread.

In this case, it seems quite clear that the landlord was at fault.
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by Neil Robb

22:48 PM, 16th August 2014, About 7 years ago

Hi

From what I see your landlord made a mistake quite sometime on you have found out you can claim some money from the landlord. Because he never protected your deposit.

You eventually got your deposit back. It looks to me more just spite and you want to make your old landlord sweat.

If the shoe was on the other foot would you want someone doing this to you. I believe in Karma. Why not just move on with your life and let it go.

Yes you have the upper hand but at the end of the day the landlord is human and made a mistake. Like Rob above stated I have recently had two house become vacant Both need redecorated to a standard I would be happy to let out again bits of damage here and there. Missing washing machine Am I going to pursue the previous tenants or am I going just fix what needs and move on. Sometimes it is better to move on where I live the fine goes to the council and not the tenant. Which I believe is a better system.


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