Any Solicitors?

[TaleasoldasTimee]

Are there any solicitors that can give any advice?

Can you sue a LL for compension for failing to protect your deposit 2 years after the tenancy has ended? How long do you have?

TIA

I am not a property lawyer but I suspect you can. In some areas of law like breach of contract you have 6 years. Has the landlord not repaid the deposit?

Yes the LL returned the deposit after some harassment but it was never protected. I didn't realise I would be entitled to come station until I read on MN and looked at shelter.

Yes you can. It would have to be a small claims court. I think the actual limitation is around 5 years. It is up to the LL to prove they protected your deposit you just have to prove you lived in the property.

We went through this and were awarded double our deposit back.

Time limit is 6 years from when the deposit should have been protected. So you have 6 years and 30 days from when you paid the deposit to claim.

Thank you! I thought it was 6 years! Think I need to find myself a solicitor.

Ahhh buggar I don't think I can!

On my contract it states a company as the landlord. The company is now dissolved. However we paid the deposit and rent to the managing director's account.

Does anyone know where I would stand? Can I sue him?

Bump

Anyone?

I think you may be able to sue the managing director in a personal capacity, as he was acting as agent on behalf of the company. See e.g. www.landlordlawblog.co.uk/2013/02/11/who-does-the-this-tenant-sue-for-the-deposit/

I'm not absolutely sure though.

Why do you want to sue? You got your deposit back. Are you just doing it because you can?

Why do you want compensation if you got your deposit back?

As pp - why? You got your money back.

Because I'm entitled to it that's why I would peruse it.

You got your whole deposit back. You haven't suffered or lost in any way to deserve compensation and claiming it is just greedy.

From what I can see on the shelter website the guidance is about suing for compensation and the return of withheld deposits on the basis they weren't put in a scheme, not for people who are just trying to make a quick buck.

"Entitled to"?
You sound entitled

You’re suing just because you can?

Not because you have suffered or lost?

What the chuff?

Some bad karma coming your way!

Nice.

The thing is the judge will take into account the landlord’s behaviour and how much distress this may have caused you - the fact that your landlord returned it two years ago suggests that there wasn’t much distress/disputing involved. So you probably won’t be eligible for 3x your deposit.

You can still sue them though - the law has provisions set out for this scenario as your legal rights were breached. I’d assume that it doesn’t matter if the company has dissolved, but I would still get in touch with a solicitor. Chances are that a letter from your solicitor will force them to settle sooner and out of court

I can understand why you want to pursue this op. The compensation of 1 - 3 x deposit isn't just to reflect your actual loss - it's also supposed to punish landlords who disregard the law. If no-one ever went for the compensation, fewer landlords would bother complying with the deposit protection rules.

Are you sure you want to use a solicitor, though? Their fees would eat into any compensation and you can't claim them back from the other side at small claims. Shelter have detailed and clear instructions on their website about how to make a claim.

Think you might find that the court awards you a notional amount as compensation but won't award your legal fees. You sound grabby and entitled and exactly what is wrong with this country. Despicable behaviour. You've had no loss but are just on the make. I look down at people like you with no morals.

I wouldn't think you could breach the corporate veil in these circumstances either particularly as you have already had your deposit back. And those provisions are there to help people who are still tenants that haven't had their money put in a scheme. Not those that had it back 2 years ago.

Plus it is very rare for you to be able to chase debts from companies that have dissolved properly and unless he was a complete idiot they would of not had direct liability. So in the end you could end up simply with legal fees for a fat lot of nothing.

Hopefully.

The LL should be made to pay for breaking the law. LLs that do this casue so much stress and worry to tenants and frequently get away with it because tenants are afraid or have no money to make a claim. This LL is probably doing it right now to someone else.

The OP is entitled to compensation, even after the fact. The law says so. It is not grabby at all. She is enforcing her rights and doing the rest of us a favour!

Whether you can get to the MD is another matter but he deserves to be held accountable so that maybe he will think twice about doing it to someone else.