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Does deposit dispute service nullify right to go to court re prescribed info?

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Author Topic: Does deposit dispute service nullify right to go to court re prescribed info?  (Read 95 times)
Newbie
Posts: 4

I like property

« on: September 20, 2021, 04:58:36 PM »

Hi, I have received some helpful advice on here so please forgive me asking for some further assistance and thank you in advance for any advice and answers to my two questions below.

I intend to shortly raise a deposit dispute against my landlord via the tenancy deposit scheme that I will not bore you with again here.  However I believe I have strong merits for a claim for failure to provide prescribed information (there have been repeat ASTs). I would perhaps not take a prescribed information case to the county court on its own as irrespective of my landlord's behaviour it feels a bit petty but unfortunately I have to take my landlord to the county court anyway in respect of overpaid rent they have refused to take back.  Therefore as it seems court is unavoidable I may as well go for the additional claim if I am having to litigate anyway.   I am also exploring if they adequately protected the deposit in respect of dates (see question 2).

My questions are:

Q1: If I go via the relevant deposit dispute service do I lose my right to bring a claim against the landlord for the rrepeated prescribed information failures? 

Q2: Does the date the deposit is protected on the certificate have to be the same as the start date on the AST?  I am aware that a landlord has 30 days to protect the deposit but I am unsure if when they do the date should reflect that of the AST start date or simply the date that he protected it. 

I hope that makes sense and I am grateful for any assistance. 

Thank you. 

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Abuse Officer

« Reply #1 on: September 20, 2021, 10:22:16 PM »

A1. Aren't they different things? If you wanted to dispute Deposit deductions then you would use the ADR process of whatever Deposit scheme you used... like, "the Landlord wanted to charge me 500 to replace a carpet that was already full of holes when the tenancy started"... and someone would review that on both your behalf, using evidence, and come to a judgement you'd both adhere to... maybe 0 from you due, or maybe 100 for some damage beyond fair wear and tear, but unlikely the 500 (you'd hope). The ADR process doesn't deal with non-protection of Deposits (obviously) or incorrect or non-whole protection (lack of PI serving)... that's the Court.

A2. No.
Newbie
Posts: 42

I like property

« Reply #2 on: September 27, 2021, 03:29:04 PM »

Hi Badger,

regarding 2, as per section 213 of the Housing Act 2004, subsection 5(b), Landlord has 30 days from the day he takes your deposit to serve you with a PI.

may I ask when is your hearing ? I had mine last week (see my thread as I am also taking action against my landlord, only because he tried to exhort money for period, even after he took possession)

so may be we can help each other. You are appointing any lawyer ?
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