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Original poster

Being evicted, landlord hasn't protected deposit

44 replies

nochurniscream · 11/05/2015 16:05

We suspected he hadn't but have checked with the schemes listed on Gov.uk and there isn't anything in mine or DH's name.

Am I right in thinking he could now be fined x4 or x3 of our deposit? How do we make this happen? Of course getting our original deposit is most important but I don't want him to get away with this again!

Reading info on Shelter and without info about our deposit the eviction is invalid but we're sick of dealing with our landlord so this will give us the push we need to move.

The flat was not cleaned before we moved in nor was there an inventory

(Suspect we're being evicted because I've been pushing him to sort some problems he's promised to do for three years)

We went to see a place last week and God it was awful. Advertised as newly decorated but it was filthy, poorly maintained and the estate agent couldn't give us the most basic of info about it... And all for Â£1300. So very not looking forward to flat hunting!

OP posts:

TroutQuintet · 14/05/2015 07:09

Is it fixed compensation at 3x deposit - I thought that it was in the discretion of the court but was usually 2-3 times deposit. I am interested because I fear that the LL of one of my DC may not have put the money into an account.

Nolim · 14/05/2015 08:15

Quintet my solucitor told me 3 years ago that it was in the discretion of the court. Perharps some wise mneter has a more recent experience?

lalalonglegs · 14/05/2015 08:36

It is at the discretion of the courts - I think it depends on the circumstances, whether the LL has accidentally let the deposit scheme lapse, for example, or whether they have flagrantly flouted the rules.

specialsubject · 14/05/2015 10:05

the deposit scheme can't 'lapse'. The money has to go in within 30 days of tenancy start.

it has to be done, end of. There are landlords on landlordzone bleating that they 'forgot to protect the deposit' and being deservedly ripped to shreds by other landlords.

Sunnyshores · 14/05/2015 10:10

No discretions, no excuses - fixed x3 deposit and deposit returned.

Nolim · 14/05/2015 10:25

Sunnyshores: is your information based on anecdotical or legal sources? I am asking this since it is not the legal advice i received.

TheClacksAreDown · 14/05/2015 10:40

"Getting your deposit back
You can apply to your local county court if you think your landlord hasnt used a TDP scheme when they should have.

Get legal advice before applying to court.

If the court finds your landlord hasnt protected your deposit, it can order the person holding the deposit to either:

repay it to you
pay it into a custodial TDP schemes bank account within 14 days
The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order."

www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

Nolim · 14/05/2015 10:53

The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order.

For me this seems to indicate that the court has the discretion to decide what if any penalty the ll has to pay.

lalalonglegs · 14/05/2015 11:04

special - npn-custodial deposits whoch are protected by an insurance guarantee can lapse. It happened to me - luckily, I noticed right away snd sorted it out. But I'm sure some LLs might not - especially given the amount of spam that particular company sends. I now use custodial schemes as it is much more straightforward.

specialsubject · 14/05/2015 11:08

really? Thanks for that, live and learn and off to check my paperwork!

lalalonglegs · 14/05/2015 11:26

Iirc, the problem arose when the tenancy went from AST to periodic - my fault, i just hadn't realised that I needed to renew .

Sunnyshores · 14/05/2015 13:29

Apologies, just checked again and it is now discretion whether it is x1 or x3.
The NLA (National Landlords Association) legal library says:

^If the tenant believes at any time during the tenancy that their deposit has not been protected or he has not been given the necessary information about deposit protection he can take the landlord to court. If the landlord is found guilty the court will order him to pay the original deposit amount either to the tenant or into the custodial deposit scheme. In addition the court will order the landlord to pay between one and three times the deposit amount to the tenant as a penalty. It is no longer fixed at three times the deposit. The penalty would be payable even if the landlord complies with the scheme requirements before the hearing of the tenants claim.

The tenant is able to apply to the court for a penalty payment at any time during the tenancy, even after the tenancy has ended. They can do this up to 6 years after they have moved out, meaning the landlord is at risk for all that time, if they have not protected the deposit, and sent the required information to the tenant, within the 30 days.^

TroutQuintet · 14/05/2015 17:41

Thanks all for clarifying it is at the discretion of the court.

specialsubject · 14/05/2015 18:10

aha - I thought my tenancy was going periodic and checked on the reprotection issue, although it wasn't needed in my scheme. Tenancy was renewed in the end anyway.

Sunnyshores · 14/05/2015 19:06

OP Just because you may not receive as much compensation doesnt mean that you shouldnt take the LL to court. I thought it was as much about stopping him doing it to others, as you making money.

Original poster

nochurniscream · 15/05/2015 08:37

Yes, absolutely Sunnyshores

OP posts:

Original poster

nochurniscream · 17/05/2015 14:42

Shelter rang me back the other day and we've arranged a telephone interview for this week

We saw eight flats yesterday. Seven were mouldy and some had damp including collapsing ceilings . Mouldy window frames, rotten wood, bits coming off the walls. Didn't make it past the hall in one. Every wall we could see had black mould on it. Six of the flats were occupied. Blows my mind landlords are so desperate not to miss a month's rent they'd rather have prospective tenants viewing mould than to attract people like me and DH who will look after a place

We liked one flat but I'm unsure whether to go for it. Two bedroom which we want but I can't remember there being any cupboard space, although there is a second bathroom which we just don't need. Not sure where we'd store the Hoover, ironing board, suitcases... DH thinks we'd just put them in the second bed or bathroom but I don't want to live in a junk yard for another £250 a month! Met the tenants though and they spoke very highly of the landlord. Oh and it was furnished, meaning we'd have to get rid of all our stuff and have theirs, which I'm not keen on. And the living room is a little small

I think DH is panicking, thinking we should go for it though in case there's nothing else!

OP posts:

specialsubject · 17/05/2015 14:48

collapsing ceilings???

while mould may be due to condensation (tenant issue) it doesn't bring ceilings down, and it also shouldn't rot properly maintained woodwork.

keep going. No-one should be renting these disgusting dumps.

check the situation with the furnished one - that sounds like a landlord's home, which they will want to move back into at some point. Make sure you get a long tenancy with a break for you, not them.

Original poster

nochurniscream · 17/05/2015 15:48

We did ask about the landlord - not her home. She lives elsewhere. Current tenants have been there four years. A couple of the flats we saw were furnished.

I think the two ceilings that have sort of 'come in' were doing so because of leaks/damp? Dark patches around them

We will keep going

OP posts:

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