kaladorm, on 27 August 2010 - 02:13 PM, said:
Apparently so. They've not paid within the 14 days, I rang the court to get confirmation of the notice resent to us (as I didn't get the first one they sent) and the court told me they received a fax yesterday saying they are appealing: they've not paid the fees though so it's not yet been processed. The judge will then decide if they can appeal and a hearing will take place in crown court.
Given the case was pretty clear cut I'm not sure what grounds they're appealing on, probably the fact that their letting agent didn't tell them about the DPS (which they've cited all along). We made it clear our contract is with them and if they want to take it up with the letting agent they can do, but they still cited this in the letter sent to the court for the initial claim, which the judge clearly did not see as relevant
I'm glad you've fought this case and am very interested to hear the eventual ending. From everything I read it all seems totally clear cut in your favour, so here's hoping after the dragging out of it you get your just rewards. 3x deposit would make it worthwhile!
The closest I've seen recently in similar situation was with my girlfriend regarding a London flat she rented with someone. The deposit wasnt protected and upon leaving the landlord wanted £700 to re-floor the entire room, for stupid reasons. I encouraged my girlfriend to dispute this via DPS, and when I realised they hadnt protected we basically threatened Small Claims Court -> they quickly realised their mistake and liability and returned full deposit. We could have persued for the 3x claim anyway but it seemed like a satisfactory outcome so it ended there.
I am really pleased for renters that this has been brought in and is upheld so strongly by Small Claims if the deposit isnt protected. I havent suffered myself but know of numberous friends who have been basically scammed over the years into losing some or all deposit over things they felt they couldnt fight.
Power to the tenants!