UK Landlord Forum / Life

Hello.

We recently moved out of the flat in London. As we had some issues with getting our deposit back I logged in to my DPS account and realised our deposit was protected 6 weeks late. We have sent a pre-action letter advising we will be claiming compensation. Landlord has offered 1/3 of the deposit amount  we paid originally to sattle the matter out of court and we don't know if we should take it or go to court and try to get 1 time of our deposit. Has anyone ever been to court and won? Can the court award less than 1 x deposit or nothing at all as we won't accept landlords offer? Can anyone reckoned a good solicitor who deals with late protection?
Any advice will be appreciated.

Yes. No and no. No.

The minimum penalty is one time the amount of the deposit. The maximum is three times. Per tenancy.

Many, many people (Tenants) have taken many, many people (Landlords) to many, many Courts and there has been many, many times they were successful. This is easy - reject the mind offer made, point out the absolute minimum penalty would be 1x... and the Landlord appears to be admitting they're liable, having made an offer... tell them to up the offer and you'll be very glad to accept. Do you know what will satisfy you? I assume it isn't 3x? It sounds like 1x. Suggest to the Landlord 1x is good for them as it avoids Court, anything less will not. Open and shut. Black and white. No Solicitor needed at all. I would write this letter for you (for £30) and I promise it would be good!

Commandant Lassard

Hi.

I have suggested half of my deposit amount and he rejected it. I am speaking to the estate agent at the moment as they are dealing with this case on behalf of landlord. They suggested they spoke to the solicitors who apparently advised them that judge can award less them 1x deposit, especially that we don't want to sattle at the amount they offered.

Quote from: Hippogriff on December 11, 2019, 08:47:21 PM
and the Landlord appears to be admitting they're liable, having made an offer...

Can't use as evidence as it's clearly part of genuine negotiation so will be deemed without prejudice in any case.

Quote from: aionika on December 11, 2019, 09:55:00 PM
They suggested they spoke to the solicitors who apparently advised them that judge can award less them 1x deposit

Ask them which part of s214(4) of the Housing Act 2004 their solicitor don't understand.

"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 as evidence, in communication... you've admitted it, now we just need to decide the number and now you know (have been enlightened) that it's not less than the Deposit.

Thanks all. I think they just trying to intimidate me so I accept their silly offer. I have told the estate agent that's not true what they saying but she is still trying to make me believe it. I did refuse the offer and advised I am in talks with solicitor. Waiting for their next offer. Will se what they say.

Let us know, verbatim, what the Estate Agent is saying.

We can then categorically debunk it on your behalf - no charge.

No,they can't even believe this is true themselves,unless they are completely amateur LAs.I can't get over how stupid a landlord would have to be,getting arsey about returning a deposit,knowing the trouble he would be letting himself in for if you started investigating.

Well, she is basically saying that it was a genuine mistake when landlord protected deposit , that it wasn't malicious and that it was only few weeks late. For that reason she believes the amount they offer is fair (when she called me first time she asked me if apologises from landlord will do 😭😭). She also advised me that if we go to the court we don't know what the compensation we get and that Judge will look at circumstances and may award any amount of money and it can be the same what they offering me now. I did say that is not true and I know that I can be awarded not less than amount of my deposit but she is admin she did check and spoke to specialists and that what they said to her. I genuinely believe she is trying to bully me to accept 1/3 of my deposit as this is the best they can do.
As the landlord is an experienced landlord and lives from renting flats ( there was 5 in the building we were living) I think he might be penalised even more than 1 x deposit. Not to mention they tried to charge me more than what they offer now for non existent damages to the property. 

Can I use the fact they giving me a false information in court?

Unlikely, you're in negotiation for a settlement so any related statements are almost certainly without prejudice. Put the offer of 1x in writing if you haven't already, mark it "without prejudic save as to cost", giving at least 7 days (maybe till after New Year given time of year), then take it to court. They can risk paying extra cost for failing to agree to a settlement that they can't possibly beat.

Quote from: aionika on December 13, 2019, 12:08:51 PM
Well, she is basically saying that it was a genuine mistake when landlord protected deposit , that it wasn't malicious and that it was only few weeks late. For that reason she believes the amount they offer is fair (when she called me first time she asked me if apologises from landlord will do 😭😭). She also advised me that if we go to the court we don't know what the compensation we get and that Judge will look at circumstances and may award any amount of money and it can be the same what they offering me now. I did say that is not true and I know that I can be awarded not less than amount of my deposit but she is admin she did check and spoke to specialists and that what they said to her. I genuinely believe she is trying to bully me to accept 1/3 of my deposit as this is the best they can do.
As the landlord is an experienced landlord and lives from renting flats ( there was 5 in the building we were living) I think he might be penalised even more than 1 x deposit. Not to mention they tried to charge me more than what they offer now for non existent damages to the property. 

Can I use the fact they giving me a false information in court?

Facts... malicious or not, it doesn't matter... few weeks late or never protected at all, it doesn't matter... apologies present or not, it doesn't matter... whether you know what compensation you'll get or not, it doesn't matter (it won't be less than 1x, because it can't be)... whether she is Admin. or Specialist, it doesn't matter (they're wrong)... so do with that what you will.

Don't get greedy while you think about all this, though... if 1x was what you wanted to settle for before - stick to that - don't start seeing the 2x and 3x dangling in front of you... otherwise your chances of a settlement will decrease in-line with your efforts.

Thanks. When I sent pre-action letter I did not mentioned any amount. I just put " I am waiting for reasonable offer". When I spoke to estate agent I did say I am happy to sattle it and half of the deposit. Can I write another letter with this amount and if not accepted use this as as evidence?

This describes how naïve you've been, and explains the response you've got. Negotiation... you ask for more than you'd settle for, and expect a counter-offer... which may even be lower than that you'd accept.

You've asked for what you'd accept and received a counter-offer for less. You should've been asking for 2x the Deposit... hoping for a counter-offer of 1x. You've already asked for less than would be due you.

Yes, I might have been. I didn't want to sound like a gold digger as my deposit was eventually protected. If they didn't make it hard to get my deposit back, I wouldn't even consider claiming it. But when they started to be difficult and claiming £800 for new sofa, table, chairs and carpet cleaning I got really enjoyed as we did not demand the flat except few west and tear not due to our wrongdoing. Hence why I did mention half of deposit hoping that it will be a quick deal. I've been very clear I will not accept anything below that amount. I am not an expert with all this court documents so I would need a solicitor and after their 35% I will be left with pretty the same amount of money but a lot less hassle. I thought it was a good idea ☹️

Write back,telling them you have taken legal advice,and then follow the above advice from Hippogriff.You should not need to use a solicitor,just use your head,and stick to your guns.Good Luck.

I will wait till Monday and see what they come back with. If we still cannot agree, than would you be able to help me with the letter?
Many thanks

Hi.

It looks like they finally came to terms and agreed to what I wanted
I just have one more question. It looks like my other deposit was also protected late. We paid deposit on 7.10 and my certificate says protection date 23/11. I asked landlord and he came back saying the estate agent protected it on 28/10. That's when they have sent me PI. Is it possible they paid in earlier than the date on certificate? I spoke to DPS but they couldn't give me 100% advise.