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Original poster

Suing for non-protection of deposit

19 replies

pinkpapaya · 30/03/2022 22:52

Could anyone advise me please on how to ensure that a court order is implemented. The case involves suing a landlord for non-protection of deposit. It is an 'open and shut' case that can't be contested. I am aware that the court can order up to 3 times the deposit in compensation but what action is best to take to ensure that he landlord actually is compelled to pay? Has anyone been through this process or can you offer advice? TIA.

OP posts:
IShouldBeSoLurky · 30/03/2022 23:40

Yes but our landlord settled before we went to court, which probably doesn’t help you. Hopefully someone else will have been through a more similar process.

DueyCheatemAndHow · 31/03/2022 00:04

I don't think you can without bailiffs. We were awarded the full 3 times the compensation. Landlady refused to pay, we sent letters etc so then we got bailiffs involved. Got the money pretty quickly then.

Original poster
pinkpapaya · 31/03/2022 00:26

@Duey did you go to county court or the small claims court? What was your process like? My ex-landlord has been sent the letters before action but has ignored them.

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DueyCheatemAndHow · 31/03/2022 05:03

County Court (no such thing as a small claims court). You need to give as many chances for him to respond as possible before you begin legal action.

LndnGrl · 31/03/2022 07:53

Are they refusing to give your deposit back or just didn't put it in the scheme but you've had it back?

Original poster
pinkpapaya · 31/03/2022 11:47

Deposit has been returned but they didn't protect it. They are rogue landlords who have been prosecuted by various regulatory bodies for breaches of safety and housing law.

OP posts:
LndnGrl · 31/03/2022 12:14

If you've got it back and have moved, just let it go. Is it really worth all the time angst and hassle?

LndnGrl · 31/03/2022 12:15

What difference does it make whether they protected it or not? You got it back Confused

SeasonFinale · 31/03/2022 12:17

You will get a judgement but then have to issue some form of enforcement proceedings if they fail to pay the judgement. The most usual way is to issue a warrant of execution ie. the bailiffs. They then turn up and either they pay or the bailiffs can seize goods and sell them. There are costs associated with the enforcement proceedings too.

newbiename · 31/03/2022 12:44

If you've got it back why would you sue them ?

StrangeCondition · 31/03/2022 12:46

Agree with the others, if you've got it back why are you suing?

freesoul12 · 31/03/2022 12:50

you got it back then just ignore it. no point of going through stress.

Original poster
pinkpapaya · 31/03/2022 13:29

@SeasonFinale

You will get a judgement but then have to issue some form of enforcement proceedings if they fail to pay the judgement. The most usual way is to issue a warrant of execution ie. the bailiffs. They then turn up and either they pay or the bailiffs can seize goods and sell them. There are costs associated with the enforcement proceedings too.
Thanks @SeasonFinale. This is what I wanted to know.

It isn't for me but for my niece who was unfortunately in a really dire situation with dreadful rogue landlords. She and the other girls were being charged for utilities that the landlord was not paying due to meter tampering etc so not only were they being charged for utilities but their lives being put at risk. A housing rights organisation is helping them with the case and though I am sure they will get a favourable judgment - I wanted to double check about actually obtaining the money as I don't want this landlord to get away with even more. The housing rights people haven't mentioned the actual enforcement of a court order so I wondered what the process would be given that the landlord rents out 2 other HMO's and has another house for sale. I wondered if an attachment could be made to any profits given what he has put my niece and the other 4 girls through.

OP posts:
freesoul12 · 31/03/2022 14:32

Did landlord and you signed a assured shorthold tenancy ? Then its a legal requirement but otherwise he can still get away with it

SeasonFinale · 31/03/2022 14:52

It is difficult to get attachment orders and you need to know the details of the bank account and dates money is going in but it may we worth a shot because he may use the same bank details she used to pay to as I guess he used an agent. Although the court can order up to 3 times the amount of deposit they don't always.

Original poster
pinkpapaya · 31/03/2022 15:39

@freesoul12

Did landlord and you signed a assured shorthold tenancy ? Then its a legal requirement but otherwise he can still get away with it
Yes he did with the tenants. It then turned into a rolling periodic tenancy.
OP posts:
Original poster
pinkpapaya · 31/03/2022 15:42

@SeasonFinale

It is difficult to get attachment orders and you need to know the details of the bank account and dates money is going in but it may we worth a shot because he may use the same bank details she used to pay to as I guess he used an agent. Although the court can order up to 3 times the amount of deposit they don't always.
Yes, I think the award is up to 3x the deposit amount. The other reason that it needs to go to court is that if a judgment is made against him, apparently he then fails the 'fit and proper person' requirement needed to be a licensed HMO landlord. Basically, it isn't just financial for my niece but to try to prevent the landlord doing this to others.
OP posts:
Original poster
pinkpapaya · 31/03/2022 15:43

@SeasonFinale

It is difficult to get attachment orders and you need to know the details of the bank account and dates money is going in but it may we worth a shot because he may use the same bank details she used to pay to as I guess he used an agent. Although the court can order up to 3 times the amount of deposit they don't always.
Also, he is still receiving rents from tenants in the other 2 HMO's that he owns so the income is there. So far two offers to settle out of court have been sent and ignored.
OP posts:
Babadook76 · 31/03/2022 15:45

@newbiename

If you've got it back why would you sue them ?
Because what they did is illegal and puts tenants at risk. That’s why there’s laws about it
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