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Deposit Withheld, Incorrectly Protected


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Hi guys,

Well anyway I followed shelter's advice and sent the following letter below. The landlord has now refunded the whole deposit. I assume the wording of the letters I sent means I have forfitted any right to claim the 3xamount + costs?

It would probably be quite unethical to claim it now anyway. I understand from the posts above that legally whether the deposit is returned or not, the penalty still applies but I imagine if I took it to court, he'd just produce the letter I sent.

I wouldn't say it's unethical. He's broken the law and should suffer the consequences.

Unfortunately you've said to him "give me back the deposit or i'll claim for non-protection". A judge is unlikely to look kindly on you making a claim even though he's done what you'd asked, and now they have discretion on the matter. Not sure but it may be that legally you'd still get at least 1x the deposit as a fine but personally i'd stick to what you'd said and write it off to experience.

With hindsight what i'd have done is in my letter said "please return the deposit that is owed to me. Also send me evidence the deposit was protected else i may be forced to make a claim for non-protection"

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I think part of what screwed this up is the emphasis from shelter on including with the letter any evidence I choose to rely on on court, thue why I included proof of non-protection from deposit schemes. I suppose I could have requested I sent the letter but I do wish I had done as you just pointed out.

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I may still go abead with this as long as I have little to lose. Any ideas o whether I'd have to pay their much in legal costs if I lost?

Also what do you think of the standard of the property I moved into. The rent was 400 a month including bills.

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I hope I don't come across as an **** and greedy for wanting to enforce this.

The thing is, I was forced to move from that property and had I known at the time the notice was invalid, I'd probably have stayed and saved myself a lot of agro.

The letting agency needs to be taken to task, I had already had suspicians that the notice was invalid, on the basis that it wasn't a proper section 21 notice to quit that was served but rather just a request to leave followed up with verbal threats of illegal eviction.

When challenged that they didn't issue a correct section 21, they then tried to backdate the notice period. Sadly I don't think a magistrate will care about any of this but I'd like to include the invalid notice as evidence of their incompetence. Is it likely the whole thing will get struck out if I muddy the waters like this?

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