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Deposit dispute

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AndreW27

Newbie
Posts: 4

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« on: June 20, 2021, 09:14:01 AM »
Good morning

Can I please be helped with some advices

There are 2 contracts signed over the property rented. First for Aug’19 - Aug’20 the other one Aug’20 - Aug’22.

The landlord has completely failed to register the deposit for the 1st contract and for the 2nd he did it late, 10 months after we signed the contract and only because I have insisted to have it registered with DPS as I wanted to provide the 2 months notice. He wasn’t aware we want to leave. I was said by him he has his own DPS…all kind of jokes.

I have tried to get legal advice but the amount of money I am asked to pay is between £1200 and £1700, while my deposit is £1610.

I was said by a lawyer I can take up to 3 times the deposit but I don’t really trust them.

What is your opinion ? What chances I have to win? And if It will be to sue him, when should I do it? Now, when I am still at his property or after I left and received hopefully my deposit in full?

Thank you

KTC

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« Reply #1 on: June 20, 2021, 10:38:40 AM »
If the second contract is for a fixed term that ends in August 2022, then what "2 months notice"? Is there a break clause?

Yes, you can sue for a deposit protection penalty. The penalty amount assuming you're in England is between one and three times the amount of the deposit, per non-compliance. Two tenancies means two times penalty, so total 2x - 6x.

Google and see Shelter website for more information.

If everything is as you described, then you will win assuming you get the legal procedure right. If the case is simple enough, there will be lawyers who will take it on on a no-win-no-fee basis, you can consider that.

AndreW27

Newbie
Posts: 4

I like property
« Reply #2 on: June 20, 2021, 10:53:17 AM »
Thank you KTC for your reply

There is a break clause of 2 months, which I just provided to him on 16 of this month.

There are 2 contracts signed since Aug 2019, but I only payed deposit once, early August 2019.

Am I in right to sue him and ask deposit protection penalty for both contracts even though I payed only once the deposit ?

Thank you

KTC

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Posts: 622

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« Reply #3 on: June 20, 2021, 11:34:54 AM »
Yes, the deposit is deemed to have been repaid to you when the first tenancy ended and immediately paid by you back to the landlord for the second tenancy, so the requirements to protect the deposit applied again at the start of the second tenancy.

AndreW27

Newbie
Posts: 4

I like property
« Reply #4 on: June 20, 2021, 11:47:23 AM »
When do you reckon I should act against him ? Now while I am still at the property ( until 16th of Aug ) or after I have left and got, hopefully, the £1610.

Even though I may get my deposit in full I still want to sue him. I have a few serious reasons for that.

Inspector

Full Member
Posts: 151

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« Reply #5 on: June 20, 2021, 02:12:54 PM »
My suggestion would to move out first.

Then search for a legal advice service that deals with incorrectly protected deposits. It's a pretty simple system and should cost considerably less than what you have been quoted.

If you want to take further action than that then the level of legal action you need will be increased.

Hippogriff

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« Reply #6 on: June 21, 2021, 09:51:30 AM »
I would wait until you have left.

This will also give you a better vibe... recognising you have other issues... as to whether the Landlord aims to be fair with your Deposit. Although, you seem to be expecting the Landlord to return the £1,610 without any deduction whatsoever... is that realistic (not many of my tenancies end with no Deposit deduction at all), or do you mean you expect it back in full because it wasn't properly protected?

There is no rush on your action. You have years to act. Best to do it after you leave the property. Maintain contact details and, likely, start with a Letter Before Action (templates available)... potentially avoiding any suing. Kicking things off while you're in the property is unwise in the extreme.

AndreW27

Newbie
Posts: 4

I like property
« Reply #7 on: June 21, 2021, 05:28:47 PM »
Thank you Hippogriff for your advice

It is expected to have deposit returned in full as the property has just been inspected by the landlord and all his family ( that’s how he likes to come over ) - 2 weeks ago.

Over the 22 months since I have the property he came over 3 times and each time he was impressed of how we take care of his property and said we are some of his best tenants he ever had. We got the property unfurnished, shouldn’t be any issue.

I will follow your advices and I’ll sue after I leave.

Hippogriff

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« Reply #8 on: June 23, 2021, 10:46:33 AM »
An Inspection is really only valid on the last day of the tenancy... or at a formalised Check-Out... not two weeks ago. Be careful to set your expectations appropriately.
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