Should I claim compensation?

[cakedup]

I am in the process of being evicted and am applying for social housing. I went to a court hearing recently to ask for an extension on the eviction notice period (which my landlord was opposing). Unexpectedly, at the court, the duty solicitor pointed out that there had been a breech of contract by the landlord/letting agency with regards to the deposit protection scheme (the prescribed information had not been supplied) and that I could seek compensation for this. Court hearing was adjourned.

My landlord's solicitor wrote to tell me that the landlord had decided to grant me the extension I wanted. It is likely they have done this because they now realise I can sue them for compensation. I am unable to get legal aid as I am full time student (and my student loan - including my tuition fee, is considered income!). So far, I have managed my own defence but would need a solicitor to go any further.

So what do I do? One on hand it seems greedy and almost immoral to sue the landlord for something I don't think they were aware of (it was the letting agency that acted on behalf of them actually).

Friends/family are telling me to go ahead and claim compensation. The landlord has not been particularly good to me in the 9 years I have been there and doubt they would think twice if the tables were turned. I have been a good tenant, always paid rent on time.

The compensation would help towards setting up my new home, paying the court bills, moving costs, storage etc. We will temporarily be placed in a b&b very far from where I live, I will have to spend a lot on travelling back to my home town for ds' school, as well as eating out (won't have a kitchen there).

Of course, the risk is, I don't get any compensation and end up with more legal fees.

Take him to court. You are going to be out of pocket because he wants you out. I think that (& you will need to check this legally) that you might be able to accept extension & sue him. To be honest, it might be he will still evict you later on. Speak to solicitor or citizens advice before making any decision before accepting extension to lease, as it could be viewed that you accepted a benefit on the basis you wouldn't pursue the claim. Definitely solicitors advice needed.

Unless they have attached conditions to the extension you can still sue.

Yes of course claim it!

3teenageboys the landlord isn't extending my tenancy, just extending the notice to evict me. In my defence, I had written out reasons why I felt I needed more time in the property. The solicitor's landlord more than likely said "Give her what she wants or else she'll sue you". What's annoying is they've made out like they're doing me a favour!

LIZS that is true, never thought of that. I wonder if they will set conditions.

I posted the same on moneysavingexpert.com and people there were telling me to be more careful. It's a bit of risk because at the end of the day, it's down to the judge's discretion. Seems like a bit of a gamble.

However, I could bargain with them, so that it's not down to the judge but agreement between us. I need a solicitor to do that really - and I'm scared about borrowing/spending that kind of money. Maybe an hours consultation might help though.

Get the free hour and see where y stand.

mamato3luvleys I will look into that. I think the duty solicitor, who knows my case would feel that i've already had enough time out of him. So may have to go elsewhere.

I would

Accept the extension of the eviction notice and sue him anyway. Don't feel bad about the fact that it was actually the agents who were underhand, because once you have your compensation/settlement from the landlord, he will most likely sue the agents to reclaim the costs etc that he occurred at their fault. (Unless, of course, he knew what they were doing. But by any means it doesn't make you any less entitled to what would be yours in the eyes of the law)

claim it all the way. Hopefully this will encourage he and other landlords to be more careful/reasonable.

There is a part of me that feels uncomfortable with it, i.e. just because I need the money why should I try and claim it from the landlord? All she wants to do is move into the property she owns after all and was probably unaware of the breech.

What also concerns me, is that although I do have a case, it will be down to the discretion of the judge on the day.

I've decided to leave it for now as I am in the middle of my dissertation and really don't have the time/energy to pursue it. However, as you mention splodgeses, I can accept the extension, finish my degree, and then look into it.

splodgeses, I did see what you wrote about the landlord getting compensated from the letting agent, I guess it would still mean a lot of inconvenience and the letting agent is a very small business run by a married couple. It would still be a big impact on individual people.

Speak to a housing advisor at your local council. I think that if the landlord has not protected your deposit, a section 21 notice is not valid. Plus you can claim compensation of three times the value of the deposit. I'm a bit rusty but worth checking.

Claim it.

You were asked to leave a property you didn't own at the end of your contract? You refused.

The landlord had to spend money to get you to leave.
Now you want to sue him??

No wonder you feel immoral!!

You give tenants a bad name.

Oh and you're right, it's not that simple. It goes to a judge who decides if this beech of document policy has charged you any hardship and if the landlord was trying to avoid paying the deposit in. It appear he wasn't and you suffered no extra hardship so you would lose.

No, you're absolutely right about that caker - I've been told the same by Shelter and a solicitor.

holidaysarenice I didn't 'refuse' - I had nowhere to go. I'm unemployed - you try renting in my area as an unemployed single parent. No landlord wants to know. I also can't currently afford to move. And yes, it is down to the judge but the duty solicitor thought I had a strong case.

Also holidaysarenice it's true the landlord will need to come up with the money upfront to evict me which is not a problem considering how wealthy she is but I will have to pay it all back in the end. She has requested all court costs to be paid by me, except I don't have the money so have no choice but to pay in instalments.

Yes, I think it's 3x the deposit your landlor should have put into the deposit protection scheme.

When did you move in? I'm not sure that the tenancy deposit scheme covers deposits before a certain date.

If you've been there 9 years did your tenancy start before April 2007? If so I believe there wouldnt have been an obligation to protect your deposit?

Ah, that's it, thank you marsybum.

Deposits for tenancy's before this date are excluded so it really does depend on when you moved in. Do you have rent arrears? These will eat any deposit so it's really relevant, sorry.

I don't have any rent arrears.

I moved into the property in 2005. In 2010, I received my first and only notice that my deposit had been placed in a deposit protection scheme. The deposit protection scheme came into effect for on 6 April 2007. As my tenancy contract is renewed yearly, this means that my deposit still should have been protected in 2007. That's 3 years of unprotected deposit.

Also, 'prescribed information' pertaining to the deposit scheme is required to be given by the landlord for every year the tenancy agreement is renewed. I didn't receive this. However, there is mention of the deposit scheme in the tenancy agreement, although the duty solicitor told me that it wasn't the correct 'prescribed information' required.