Deposit not registered with the Tenants Deposit Scheme

[HelpCozINeedSomebody]

My sister has had to move in with us because she has a chronic illness and can't afford to rent in London. She has just found out that her landlord failed to register her deposit with any Deposit Protection Scheme. We have researched where she stands but we still have a few questions if anyone can help? Her landlord is deducting £1000 for cleaning (which the flat didn't need as I paid for cleaners to go in myself and they did a great job). Do they have a right to do this or does their failure to register the deposit mean they have lost this right? If she pursues this to the County Court could she potentially lose the case even though the deposit definitely is not registered (we have checked all schemes and the landlord has admitted not doing it)? How would the judge reach a decision about compensation- could issues like the terrible mould and no heating have any bearing or would the judge only consider issues directly related to the deposit? We have had some help from CAB and Shelter but any further advice would be great.

Was there an inventory? What does the lease say about cleaning?

Get some advice but the landlord could be ordered to pay her 3x her deposit back www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

BTW if there is no heating system (and wasn't when she moved in) then that's a non-starter. If it broke down and wasn't fixed, that's different. Also mould can be due to condensation (tenants' fault) or damp (landlord's fault).

the deposit thing is cut and dried and she should take action. And no, deduction of that level for cleaning would be laughed out of court unless the property is Buckingham Palace.

please, everyone, be an informed tenant. You should have the information on the protection of your deposit well within 30 days of moving in.

There was an inventory and only a reference that it should be left clean in the contract. The heating system was broken for 6 months and the mould was black mould from penetrating damp. She did get 'information' on how the deposit was protected but they hadn't actually registered it- it was clearly an intentional cover up although I'll be careful about calling in that anywhere but on here. I would still like to know if the landlord's general failures will be taken into account when deciding if she will get one, two or three times the deposit as compensation. I am just working out what evidence she needs to have ready for the court paperwork. The nature of her illness means it would be sensible for us to prepare what we can before approaching the county court.

wow. No-one involved environmental health?

as I understand it the penalty for not protecting the deposit is unrelated to anything else. Which is why as I landlord I made sure the agents had actually done it.