Unprotected deposit claim – 6 year rule?

Unprotected deposit claim – 6 year rule?

12:28 PM, 14th November 2022, About 3 weeks ago 12

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Hello, The 6 year rule? From the date of contract on an ex-tenant who is claiming compensation of £4-12k on 7.5 years on a tenancy that has now ended. They left on their own accord.

What should a landlord do after receiving a letter from the ex-tenant’s solicitor with threats?

Thank you,

Sue



Comments

Si BB

17:50 PM, 14th November 2022, About 3 weeks ago

I consider the 6 years rule to be active from the closure of the rental contract (i.e. it looks likely the LL is on the hook for the fine - assuming the deposit was not protected).

If the deposit was unprotected - the landlord should immediately pay back 100% of the deposit without argument.

If the LL had NEVER protected the deposit during the tenancy, then I would offer 1.5-2 times the deposit as an **immediate** offer in return to the solicitor.

If the LL had protected the deposit late + returned 100% of the deposit, then I would offer 1 x times the deposit back.

Being fined 3 times the deposit is often the result when the landlord is being difficult in these situations and it gets to court (because you are wasting the court's time).

NOTE -> the Landlord owes at least 1xdeposit as the minimum fine for late protection of the deposit - this is NOT NEGOTIABLE.

2nd NOTE -> The fine increases in line with the behaviour of the landlord in respects of protecting the deposit and/or how they react to the demands for payment of a fine.

Si BB

18:00 PM, 14th November 2022, About 3 weeks ago

Reply to the comment left by Si BB at 14/11/2022 - 17:50So just to clarify (for a sample £1K deposit):
Deposit protected correctly = no fine to pay.
Deposit protected late for a £1K deposit -> pay back 100% of the deposit + offer 1 x deposit for the fine = fine of £1K above the deposit return.
Deposit NEVER protected -> pay back 100% of the deposit + offer 1.5 /2 times the deposit as a fine = fine of £2K above the deposit return.
This kind of offer is hard for a solicitor to fight against -> if they take it to court, the court may reduce the total fine to 1 x times the deposit as the solicitor is wasting the court's time.
If you don't respond, then the solicitor will apply to court and you may end up paying 3 times the deposit as a fine.
If the landlord has been difficult re the deposit return (and there is evidence) / difficult with the fine negotiation, then it's likely to be 3 x deposit as a fine regardless.

David

13:59 PM, 15th November 2022, About 3 weeks ago

When did the original tenancy go periodic and was it ever "renewed" subsequently? If the answer to either is yes and that happened less than 6 years ago, then the deposit is deemed to be received anew by the landlord and the statute of limitations would not apply.

Julie Ford

7:51 AM, 16th November 2022, About 3 weeks ago

Hi Sue
No win no fee solicitors jumping in this band wagon are getting more common
I expect I can guess the law firm..
without seeing the letter and the law being relied on I couldn’t give full advice
But, statute of limitations applies to deposit protection
If the original deposit wasn’t protected 7.5 yrs ago, then there is no claim as out of time, but if the tenancy went periodic and still no protection and that is within 6yrs then there is a claim

I’m happy to help, as I specialise in challenging these claims and have had all claims reduced and several revoked as the law firm doesn’t have a full understanding of the deposit laws and subsequent case law

David Houghton

19:09 PM, 17th November 2022, About 3 weeks ago

Don't forget the landlord may also have a counterclaim.

Paul Power

21:26 PM, 17th November 2022, About 3 weeks ago

Reply to the comment left by Julie Ford at 16/11/2022 - 07:51
Wouldn't there be an argument on date of discovery regarding the start point of the statute? Obviously situational but a risk?

K Anon

22:19 PM, 17th November 2022, About 3 weeks ago

Lodged 4 months late the judge awarded our tenant 1.5x of £1015 deposit but 4 months or up to 6 years it's set in stone
Tenant got £1.5k. She had a NWNF solicitor who created lots of problems/work.
We ended up with legal fees of £3.5k, the NWNF solicitor £8.5k !
Total : £13.5k. we lost, it was late and that was that.
More painful the tenant didn't even pay the deposit (on benefits), it was council paid but if you're late they are entitled to be compensated.
So offer >1.5x and hopefully that will conclude things but you need to exit this.
My sincere good luck. I'm looking at zero deposit schemes now but that's probably another thread.

Smiffy

9:48 AM, 18th November 2022, About 3 weeks ago

Reply to the comment left by K Anon at 17/11/2022 - 22:19
I assume you challenged the NWNF solicitors bill?

I did it once, and while the costs were only reduced by about £30, the solicitor had to re-appear in Court for an hour, for which he couldn't charge me.

Andrew Thompson

21:31 PM, 18th November 2022, About 3 weeks ago

My ex-tenant has a nwnf solicitor chasing me for a deposit claim that I didn't put in a scheme.
I've already paid the deposit back to the tenant but I have a claim against her as the property wasn't cleaned, the property needed repairs to damage and property was removed - what do you suggest!

Andrew Thompson

21:42 PM, 18th November 2022, About 3 weeks ago

Reply to the comment left by Julie Ford at 16/11/2022 - 07:51
Hi Julie - can you contact me as need some help with a claim

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