kaladorm

Submitted N208 Claim For Deposit Non-Protection

115 posts in this topic

Hi,

I'm new to these forums, but since having trouble with our ex-landlords I've decided to register and update on my claim.

We moved in to a place through a lettings agency but they specifically said that all deposit handling and other issues were to go through the landlords. The difficulty was that the landlords lived out of the country, however thankfully the contract said notice could be served to them at the letting agents address.

The place was fine, though not perfect by any means, and a number of issues we had to fix ourselves (such as a leaking tap and broken bed) because the landlord was unresponsive. Upon moving out the landlord told us they would be charging £700 of the deposit for damages, a ridiculous amount, and refused to provide evidence or an itemised list with costs. Especially as one of them was for an overgrown garden, despite the fact that the landlord didn't check out the house for 3 weeks after we moved (and this June has been pretty hot!).

It then turns out that the deposit was not protected at all. Despite the contract (signed by them) stating it would be protected and a letter from the letting agent saying they had agreed to protect it in such a scheme, it turns out its been held in their bank account.

Because there was no option of going through the TDS dispute service, and as it seemed like the quickest and safest option of getting our deposit back, we decided to fle a claim.

Using the wording from: http://www.housepricecrash.co.uk/forum/index.php?showtopic=65430, I submitted a claim against them citing the Housing Act 2004 (sec 214). I also submitted:

Copies of emails from all 3 TDS stating that no deposit was held.

Copies of emails from landlord confirming deposit was in their bank account

Copy of tenancy agreement stating deposit would be held in a TDS

Copy of tenancy agreement stating notices could be served at the letting agents address

Copy of confirmation form letting agent saying that landlord had informed them they would be putting it into a TDS

I've just received notice this morning that the hearing at county court will be on the 9th August. I'll update with what happens, can anyone provide any advice on how these things go, what I need to prepare etc?

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All the best with it. We need lots more people like you. I too hope you get the maximum possible.

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Hi,

I've just received notice this morning that the hearing at county court will be on the 9th August. I'll update with what happens, can anyone provide any advice on how these things go, what I need to prepare etc?

I don't think that you need to do anything except turn up. It will be the landlord's job to show that he has protected the deposit and if he does that you will lose.

My guess is that he wont actually turn up and you will get a default judgment.

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Hi,

I'm new to these forums, but since having trouble with our ex-landlords I've decided to register and update on my claim.

We moved in to a place through a lettings agency but they specifically said that all deposit handling and other issues were to go through the landlords. The difficulty was that the landlords lived out of the country, however thankfully the contract said notice could be served to them at the letting agents address.

That's a legal requirement: a landlord MUST supply an address in the UK, either his own or an authorised agent on whom you can serve notices. Might be worth checking if you should add the agent as co-defendent in your claim because of it.

Using the wording from: http://www.housepricecrash.co.uk/forum/index.php?showtopic=65430, I submitted a claim against them citing the Housing Act 2004 (sec 214). I also submitted:

Copies of emails from all 3 TDS stating that no deposit was held.

Copies of emails from landlord confirming deposit was in their bank account

Copy of tenancy agreement stating deposit would be held in a TDS

Copy of tenancy agreement stating notices could be served at the letting agents address

Copy of confirmation form letting agent saying that landlord had informed them they would be putting it into a TDS

I've just received notice this morning that the hearing at county court will be on the 9th August. I'll update with what happens, can anyone provide any advice on how these things go, what I need to prepare etc?

Sounds like doing the right thing, but take care. You don't want to find all the above inadmissible as evidence because of some technicality of court procedure.

If a landlord living abroad refuses to pay up, you might end up having no option but to repossess the house!

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Copy of the signed off inventory if you have it.

photos or videos of the place the day you left.

evidence that you paid the deposit at the start of the tenancy. The AST.

The landlord will have to provide evidence of the loss he has incurred and claimed from the deposit. He will have to satisfy the judge he has carried out the repairs and that the repairs were not down to fair wear and tear.

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Copy of the signed off inventory if you have it.

photos or videos of the place the day you left.

evidence that you paid the deposit at the start of the tenancy. The AST.

The landlord will have to provide evidence of the loss he has incurred and claimed from the deposit. He will have to satisfy the judge he has carried out the repairs and that the repairs were not down to fair wear and tear.

He doesn't need any of these.

H is making a claim that the Landlord didn't protect his deposit.

It that claim is found to be correct then (in addition to other penalties) the landlord will not be able to make any deductions so the above is irrelevent.

OTOH if the landlord turns up with proof that the deposit is protected then the deductions will be considered by the protection scheme at a later date.

tim

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He doesn't need any of these.

H is making a claim that the Landlord didn't protect his deposit.

It that claim is found to be correct then (in addition to other penalties) the landlord will not be able to make any deductions so the above is irrelevent.

OTOH if the landlord turns up with proof that the deposit is protected then the deductions will be considered by the protection scheme at a later date.

tim

I've noticed a few mentions now of issues with the landlord protecting the deposit at a later date. I don't know for sure if this is a guaranteed approach but, in the interest of avoiding any complications, I've heard that it's best to explain to all three TDS that any deposits lodged 'after' the tenancy has ended should not be accepted as they are not valid.

Don't know if this works or not but for anyone else going through this process (and has already moved out) it doesn't hurt to drop them an email letting them know

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He doesn't need any of these.

H is making a claim that the Landlord didn't protect his deposit.

It that claim is found to be correct then (in addition to other penalties) the landlord will not be able to make any deductions so the above is irrelevent.

OTOH if the landlord turns up with proof that the deposit is protected then the deductions will be considered by the protection scheme at a later date.

tim

He is going to court.

they deal in evidence.

the landlord may pay up..maybe just the deposit before hearing.....you hear stories of the courts then just writing the case out. or he may produce evidence the deposit was protected....then the claims start and he'll need the evidence to counter the claims...or he may just roll over...

I wont bother with the TDS procedure in the future...they took opinions of an agent into account rather than evidence, then blollocked the Agent for wrong doing but STILL made the award for the landlord.

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He is going to court.

they deal in evidence.

I didn't say that he didn't need any evidence.

I said that the matter under contention is whether the deposit has been protected or not, so he needs evidence pertaining to that.

As the court is not considering what deductions should be made from the deposit he needs nothing that shows the condition of the property as it is irrelevent.

tim

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I didn't say that he didn't need any evidence.

I said that the matter under contention is whether the deposit has been protected or not, so he needs evidence pertaining to that.

As the court is not considering what deductions should be made from the deposit he needs nothing that shows the condition of the property as it is irrelevent.

tim

On a side issue, its an odd civil law where the plaintiff presents a case and the defendant gets to pay a fixed penalty.....a punishment if you will, whereas a civil case for breach is to aim to put the parties as they were before the breach.

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I've noticed in a number of posts (and think I've seen someone cite a case) that mentioned if the landlord protected the deposit between being issued notice and the court hearing it could be construed that the landlord had protected the deposit and the case be dismissed.

I've received the following from TDS concerning this:

"Thank you for contacting The Dispute Service.

Ok, no deposits can be back dated so it may be harder for your Landlord to try and register your deposit."

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So we had our hearing today and were successful in claiming our full deposit + 3xdeposit + court fees + costs.

Our landlady had issued a cheque for the deposit which arrived shortly before the hearing. There wasn't time for the cheque to clear (given the trustworthiness of our landlady!) and so we went through with the hearing. I was concerned the judge may find that the deposit had already been returned but he made the order to state that the full deposit must be returned, with credit offered by the claimants for moneys already received. That way if the cheque goes through it has been upheld, if it bounces then we still have a judgment to be enforced

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So we had our hearing today and were successful in claiming our full deposit + 3xdeposit + court fees + costs.

Our landlady had issued a cheque for the deposit which arrived shortly before the hearing. There wasn't time for the cheque to clear (given the trustworthiness of our landlady!) and so we went through with the hearing. I was concerned the judge may find that the deposit had already been returned but he made the order to state that the full deposit must be returned, with credit offered by the claimants for moneys already received. That way if the cheque goes through it has been upheld, if it bounces then we still have a judgment to be enforced

Congratulations! You dealt with that quick - it took me nearly a year.....

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So we had our hearing today and were successful in claiming our full deposit + 3xdeposit + court fees + costs.

Our landlady had issued a cheque for the deposit which arrived shortly before the hearing. There wasn't time for the cheque to clear (given the trustworthiness of our landlady!) and so we went through with the hearing. I was concerned the judge may find that the deposit had already been returned but he made the order to state that the full deposit must be returned, with credit offered by the claimants for moneys already received. That way if the cheque goes through it has been upheld, if it bounces then we still have a judgment to be enforced

Well done, I see your LL was still trying it on and it was best to continue with the hearing. This should also show others that it is worth pursuing these things.

Bet you feel good now :D

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So we had our hearing today and were successful in claiming our full deposit + 3xdeposit + court fees + costs.

Our landlady had issued a cheque for the deposit which arrived shortly before the hearing. There wasn't time for the cheque to clear (given the trustworthiness of our landlady!) and so we went through with the hearing. I was concerned the judge may find that the deposit had already been returned but he made the order to state that the full deposit must be returned, with credit offered by the claimants for moneys already received. That way if the cheque goes through it has been upheld, if it bounces then we still have a judgment to be enforced

Excellent news. She was just playing the classic strategy of trying to steal your money with the hope you'll just roll over and take the abuse, and if you don't, she'll just repay it - no harm done. It's fantastic that the thieving scum didn't get away with it.

A lesson for us all. Pursue them.

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Heartwarming story :)

Make sure you get the court fees off her too, and remind her that you will register the judgement if she doesn't.

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Make sure you get the court fees off her too, and remind her that you will register the judgement if she doesn't.

The Court automatically register judgement if it is not satisfied within one month. The onus is on the defendant to ensure the entry on the register is correct.

Paying my judgement - what do I do?

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So we had our hearing today and were successful in claiming our full deposit + 3xdeposit + court fees + costs.

Our landlady had issued a cheque for the deposit which arrived shortly before the hearing. There wasn't time for the cheque to clear (given the trustworthiness of our landlady!) and so we went through with the hearing. I was concerned the judge may find that the deposit had already been returned but he made the order to state that the full deposit must be returned, with credit offered by the claimants for moneys already received. That way if the cheque goes through it has been upheld, if it bounces then we still have a judgment to be enforced

I cant be clear if you have been awarded the 3xdeposit part. can you confirm?

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Yes I can confirm we did get 3x the deposit (as well as the original) as a judgement.

I'm happy to answer any questions anyone might have about the process from my experience, as I researched it all quite thoroughly :)

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Good news. I hope some passing journo gets hold of this as a warning to landlords who try and steal deposits.

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Yes I can confirm we did get 3x the deposit (as well as the original) as a judgement.

I'm happy to answer any questions anyone might have about the process from my experience, as I researched it all quite thoroughly :)

Spiffo!

Never, has so much, been owed, by so few, to so many!

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Spiffo!

Never, has so much, been owed, by so few, to so many!

Well I should say we got a judgement for 3x the deposit (plus original). Payment is due tomorrow and I've not heard a peep from them - I sense a charging order may be on the way before this is truly over with ;)

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Well I should say we got a judgement for 3x the deposit (plus original). Payment is due tomorrow and I've not heard a peep from them - I sense a charging order may be on the way before this is truly over with ;)

You reckon you might end up taking a charge on the house and repossessing it? Or if it's in negative equity, perhaps go for another asset ... ultimately bring down an entire BTL empire. That would make a fantastic tale for HPC (yeah, dream on)!

I'm sure you'll keep us posted, and don't let little things like trouble identifying assets you can claim on deter you!

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