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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Any Solicitors?

51 replies

TaleasoldasTimee · 23/06/2018 13:35

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

OP posts:
bubbles108 · 24/06/2018 05:51

You got your money back in full?

But you're going to sue because you feel that the money wasn't protected?

What the fuck????

Xenia · 24/06/2018 07:02

You got the deposit back? Sio what's the problem?
It seems like today we have people thinking there is a magic money tree out there and even if they suffer no loss they can make recoveries. We somehow need to change the psyche against this.

Original poster
TaleasoldasTimee · 24/06/2018 07:29

I'm suing because legally I can and I'm entitled to.

Our lives were hell the five months we lived there. The LL lied to us and told us there were only 4 male other housemates (large house). There were 8!! There were partied every night and fights between themselves as well as smoking!

Then we found out the LL was operating a HMO without an licence! Dodgy as fuck.

A girl who also moved in after us was kicked out of her last home as the LL was renting that to her but he doesn't own it. He let's it himself so therfor submitting. The actual owner of the house turned up and asked who the fuck she was and she had to leave.

You can call me what you want but this LL is dodgy AF and if I can get him to pay out, I will.

OP posts:
Original poster
TaleasoldasTimee · 24/06/2018 07:30

I got the deposit back because they had no right to make deductions. There was no damage and the room was cleaner when we left than when we moved in.

OP posts:
hula008 · 24/06/2018 07:33

Even so, I think if you received your entire deposit back you have been “made whole” and didn’t suffer adverse effect from not having it back. I’m not sure legally where you would stand but that’s not how the law around deposit protection is supposed to be used. I don’t think it would be fair.

Original poster
TaleasoldasTimee · 24/06/2018 07:39

Yes it is. I'm entitled to compensation whether or not I recieved my deposit back in full. It's supposed to encourage landlord to protect deposits in the future.

OP posts:
Xenia · 24/06/2018 07:42

Although from a pragamatic point of view it is a bit like if someone doesn't pay a bill on time, you press them, you have a right also to charge a bit of interest on top but then they pay the original sum so usually it is not worth the hassle and risk of unrecovered time/costs of going after the interest. Might not feel fair but probably in those interest cases people are right just to drop the extra claim for the interest as they have had the bulk of what they wanted back.

Original poster
TaleasoldasTimee · 24/06/2018 07:54

100-300% interest is quite a lot!

OP posts:
Thiswayorthatway · 24/06/2018 07:57

I don't see your loss or what you think you are entitled to claim compensation for?

Original poster
TaleasoldasTimee · 24/06/2018 08:02

*You can take court action to claim compensation if your landlord breakstenancy deposit protection rules.

You can claim compensation of 1 to 3 times the amount of your tenancy deposit if your landlord:

  • Doesn't protect your tenancy deposit in atenancy
deposit protection scheme

-Doesn't give you certain information about the scheme being used

  • Takes too long to protect your deposit or give you prescribed information*

You may not understand the law but I do. I was just unsure how long I had as it doesn't say.

OP posts:
AnalUnicorn · 24/06/2018 08:15

Hopefully your legal fees will eat up any compo you receive. And some.

TheLionRoars1110 · 24/06/2018 08:21

If you are awarded compensation you have to get it out of the LL. That could be difficult. Maybe go and see CAB.
How much was the deposit?

Aridane · 24/06/2018 08:22

Well, your landlord doesn’t legally exist anymore so I think that’s that

Original poster
TaleasoldasTimee · 24/06/2018 08:24

The deposit was £550. Not a lot to some, but a huge amount of money to us. If the LL fails to pay then I'd get a high court writ. I know they can afford the payment.

OP posts:
Original poster
TaleasoldasTimee · 24/06/2018 08:25

@Aridane ... That's what I'm wondering. The company itself has dissolved but the deposit and rent was paid not to the company but to the owners personal account.

OP posts:
AnchorDownDeepBreath · 24/06/2018 08:32

I won't get into whether it's moral to attempt to claim now.

The relevant facts are;

Your deposit was returned in full two years ago; so you'd be looking at a max of 1 x your deposit realistically, looking at what is usually awarded;

And; your landlord was a limited company, which means that (if it was set up right); the individuals have little personal liability.

Realistically; even if you convinced the judge to give you one times your deposit in compensation; you are unlikely to actually be able to enforce the judgement if the company is insolvent; and you could waste a lot of money trying.

It would be worth getting qualified legal advice before pursuing but remember that you cannot claim legal costs back in this case so you may easily burn through your £550.

Thiswayorthatway · 24/06/2018 08:40

There's no such thing as a high court writ anymore OP. This would be a county court claim. And for under well under £10k costs are fixed so you would not get all your costs back even if succesful.

You have set out your cause of action but again, what is your loss? What losses/distress/inconvenience have you suffered as a result of the LL's beach of the rules? A court would only award damages on the basis of what you say has happened as a result (which the LL would doubtless challenge), you are not automatically entitled to £550 x 3 just because the LL may have broken the rules.

Aridane · 24/06/2018 08:40

Contract was with LL - remedies are against LL - LL no longer exists.

Yes, deposit paid into MD’s account. But that doesn’t make MD the landlord.

Possibly if our never got deposit back. There might be some claim against MD for recovery of the money. But not under the legislation as MD wasn’t your LL

Original poster
TaleasoldasTimee · 24/06/2018 08:42

Thanks @Aridane. I was unsure.

OP posts:
MrsSquiggler · 24/06/2018 10:28

You mentioned that you paid the deposit into the managing director's personal bank account. If you claim against him personally (and you would have to because the company no longer exists), the argument would be that when he accepted the deposit, he was acting in a personal capacity albeit on behalf of the company. ie, as agent. And agents are also liable under the deposit protection rules.

It makes more sense to think of the 1 - 3 x deposit compensation as a penalty rather than compensation, as it's not actually tied to a loss you have suffered.

The Housing Act 2004

214(4) The court must order the landlord to pay to the applicant a sum of money not less than the amount of the deposit and not more than three times the amount of the deposit"

"212(9) ... (a) references to a landlord or landlords in relation to any shorthold tenancy or tenancies include references to a person or persons acting on his or their behalf in relation to the tenancy or tenancies"

Here's the link to the Shelter step by step guidance for claiming.

TheLionRoars1110 · 24/06/2018 10:39

You may have a claim but getting him to pay up will be difficult. How do you know the director can pay?
I know £550 is a lot of money to you but your legal fees could very well will be more than that.
It's a lot of energy to spend with possibly little gain.

lhastingsmua · 24/06/2018 10:57

Being frank OP, I would just drop this.

Firstly you’re not sure who exactly to file the claim against. This adds a layer of complexity to your problem as there is a chance that the MD is not liable for the company, and you have no case against that individual. The MD will definitely push back at the very least as that company has dissolved. You’re better off getting a decent solicitor to completely assess your situation and advise you properly. If this aspect wasn’t present here, you’d have a much easier case to self-represent.

It’s only £550. It’s a lot of money to you, but chances are that you’ll need a bit of legal advice to pull this off. Solicitor’s fees can be expensive, think £100 to write a letter. The MD will take a solicitor more seriously than you, and will most likely hire legal advice of their own. These legal costs will eat into your claim money. I have seen cases where the deposit is £2500, and the solicitor pushes for 3x the amount, they then settle for around 2x-3x the deposit - that will easily pay off the solicitor.

Your deposit was significantly lower, and it seems like you’re only eligible for 1x deposit- chances are the solicitor fees will wipe out the £550. To claim a higher compensation, you’d need to prove that the landlord caused you distress, eg retaining the deposit for frivolous reasons.

lhastingsmua · 24/06/2018 10:58

Also forgot to say that this entire process will take MONTHS - so I wouldn’t mentally spend the money.

MrsSquiggler · 24/06/2018 11:05

Even though I do think you may well have a claim against the MD I would probably still agree with lhastingsmua and if it were me, I think I'd drop it as well as it's not a completely straightforward claim. It's true that, rightly or wrongly, the MD will try and push back on the liability point. Given the amount at stake I just don't think it would be worth paying a solicitor given that even if you win, you won't get those costs back. I can understand your frustration though and I certainly don't think you're 'grabby' to think about pursuing it.

seafret · 24/06/2018 16:48

Having had multiple problems with LLs and agents, I would say to anyone that if you can pursue a claim or complaint like this without too much cost or stress to yourself, then please do so.

If no one holds these people to account then they just keep on hurting other people, many of whom are already vulnerable. Money hurts these people and makes them think twice.

I would make it a criminal offence rather than civil, as LLs such as these tend to be serial offenders as is the case with the OP, and so that the onus is not on the tenant to have to seek redress (who is then faced with a bunch of people telling them not to enforce their legal rights)

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