Has anyone taken their landlord to court for not securing their deposit?

[MarkStretch]

Basically my brother was renting a house from a friend's mum, had a tenancy agreement etc. but she didn't secure his deposit with one of the deposit protection schemes and is now refusing to give it back to him.

We have gone backwards and forwards with letters and been to Shelter to seek advice but now we are thinking a small claims court application may be the only way.

Anyone done this?

Anyone?

No, but I had a similar situation where the landlord (who I knew) refused to return my deposit, and hadn't registered it. I wrote him letter saying that if they had not returned my deposit by X date, since I had been unable to resolve things amicably, and as the deposit wasn't registered in a scheme, I would be forced to take them to small claims court, where they could be forced to pay me 3x the deposit.

I got the deposit back a few days later. Are they aware of the consequences if you take them to small claims?

I haven't personally but it is against the law for them not the register the deposit. Go to the CAB, they will assist as they will have greater experience than Shelter at this sort of thing. I would send documentation of the law surrounding the TDS schemes with a 'Final Warning' letter, giving them 10 days to return the deposit or you will proceed with the SCC application.

As for the 3x compensation; I know that there was a case reported recently that I think has set a precedent in some way where the Judge found in the LL favour because between the SCC application and the hearing the LL gave the deposit back. They didn't award the 3 times amount and said that it was because the LL had endeavoured to eventually give back the deposit.

Thanks for your replies.

Yes we have contacted the landlord and informed them of the possiblity of going to court, we have asked for the deposit back and we have written to the 3 deposit protection schemes and we have written evidence that it was not secured with any one of them. We have sent copies of these letters to the landlord.

She says she didn't have to secure the deposit as she asked for 'two months rent upfront' rather than a deposit. However she is now trying to deduct money from the amount left over and Shelter said in the eyes of the law she is using this as a deposit.

She told my brother on the phone that she didn't secure any deposits because she 'couldn't be bothered to do the paperwork.'

She has got a number of properties so I would assume she does this with all her tenants.

On the courts website they say all methods of mediation should have been attempted before a claim should be taken to court. We have sought advice, written her letters and attempted to resolve the situation, does it sound like we have done enough?

Yes, just begin the small claims court procedure now. I wouldn't bother with CAB, you can get all the information you need for a small claims application on line.

I would have thought that you have made all reasonable efforts to resolve the matter and that now is the time to ramp your efforts up a gear by starting proceedings.

Does your brother have proof that he paid the two months rent upfront? Ie. a receipt or bank statement?

Go to small claims. It's very serious for a landlord not to do this.

There has been a case where a landlord had to pay the tenant three times the amount of the deposit, because the landlord had failed to secure it.

If you contact any of the tenancy dispute schemes, I recommend the Tenancy Dispute Service, they'll give you advice over the phone.

Please do it quickly. There will be a finding in the tenant's favour. Even if there are "dilapidations" to be taken out, there may be punitive damages.

I am sorry I didn't read your second post.

Small claims.

yes

i did it (self represented) and i won - got my deposit back plus £1800

it was easy tbh - landlordzone and the csg forums are your friend

the court staff will give procedural advice too

just go into the local county court and ask for the forms - tell them what its for and they will give you the right ones

will answer any questions you have when not bf-ing feel free to pm me

and yes you have done enough to try and resolve it

i had written one letter only to my agent/landlady and the judge found that was sufficient

Yes, some years ago, but took him to the small claims court and got £1100 back plus interest back to the date when he should have returned it.

It was quite easy and was sorted out really quickly.