tag:blogger.com,1999:blog-22617683.post5577906391817690696..comments2023-08-15T12:32:37.166+01:00Comments on The Landlord Law Blog: Tenancy Deposit Protection - 62% failureTessa Sheppersonhttp://www.blogger.com/profile/09661168506904640975noreply@blogger.comBlogger58125tag:blogger.com,1999:blog-22617683.post-3700285436747067002009-06-01T14:46:09.330+01:002009-06-01T14:46:09.330+01:00As mentioned in the post above:
PLEASE CAN PEOPLE...As mentioned in the post above:<br /><br />PLEASE CAN PEOPLE SEE AND ASK QUESTIONS ON THE MORE RECENT POSTS YOU WILL FIND <A HREF="http://landlordlaw.blogspot.com/search/label/tenancy%20deposits" REL="nofollow">VIA THIS LINK</A>.<br /><br />NO MORE QUESTIONS HERE PLEASE. <br /><br />Any further questions to this thread will be deleted.Tessa Sheppersonhttps://www.blogger.com/profile/09661168506904640975noreply@blogger.comtag:blogger.com,1999:blog-22617683.post-68000688814517419602009-06-01T14:35:46.186+01:002009-06-01T14:35:46.186+01:00Hi Tess,
I moved out of a flat which I was rentin...Hi Tess,<br /><br />I moved out of a flat which I was renting with a friend about a year ago and after I moved out the landlord was refusing to return all of our deposit. After numerous emails we came to an agreement on for a final settlement. shortly after we realized we shouldn't have agreed because he didn't provide receipts and he failed to secure our deposit.<br /><br />I've made a cliam throught the small claims court but not sure if I have a good chance of winning the claim because he did return the majority of the deposit and kept about 20% of it for damages which we agreed to.<br />Also I've read that the law regarding the Tds scheme only applies to current tenants!<br />Becuase we moved out over a year ago would we still have a chance of success in the landlord receiving a penalty? and would we receive the money if he does get fined?<br /><br />Any comments would be greatly appreciated.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22617683.post-87378598135436289422009-03-12T15:30:00.000+00:002009-03-12T15:30:00.000+00:00I have given quite a lot of help to people posting...I have given quite a lot of help to people posting on this thread, but I think (bearing in mind that this is the 56th comment!) that I have to draw a line somewhere. <BR/><BR/>The questions asked most recently are very similar to those asked by others, and I would suggest that you read carefully my other comments on this thread, and the other posts and comments on tenancy deposits on this blog, which you can see if you <A HREF="http://landlordlaw.blogspot.com/search/label/tenancy%20deposits" REL="nofollow">click here</A>.<BR/><BR/>Although I may answer questions on original points relating to tenancy deposits on the other postings on this blog, please can readers note that I am not going to answer any further questions on this particular thread, and any comments/questions asked will not be published. <BR/><BR/>Please note also that you can obtain information and advice via my web-site service <A HREF="http://www.landlordlaw.co.uk/pagedetail.ihtml?id=7805" REL="nofollow">www.landlordlaw.co.uk</A>Tessa Sheppersonhttps://www.blogger.com/profile/09661168506904640975noreply@blogger.comtag:blogger.com,1999:blog-22617683.post-87983804465130252962009-03-12T14:37:00.000+00:002009-03-12T14:37:00.000+00:00Hi Tessa,Could you tell me if I can make a small c...Hi Tessa,<BR/><BR/>Could you tell me if I can make a small claim (if it’s worthy) against my Landlord, because she fail to notify me about the deposit protection. <BR/><BR/>My first tenancy was in 10/2005, however a new tenancy agreement was signed in 2007 on the same basis. <BR/>The first time when I realised that my deposit is protected was when I received papers from a Court, as she make a small claim to evicted me. It was under section 21. <BR/><BR/>However, at this time I did not know that I have any rights regarding the deposit, until my Landlord sent me a letter stating that the deposit of £1500 was not enough to cover all damages I make at her property and I have to pay extra of £68. I was shocked as all my family for 3 days helped me to clean everything I had a professional builder and cleaning service for a carpet. The house was in much, much better condition than when I moved in.<BR/><BR/>2 days later I received a letter from “my deposit scheme” states that my deposit now is unprotected. Therefore I realised and asked for advised that I should be informed by my Landlord if the deposit is protected and which scheme she chose and about my rights. Also I read that she should not give me a NTQ under section 21, because she fail to do that.<BR/><BR/>Could just tell me if is a point to make a small claim to get a 3* deposit compensation, because she failed to notify me about the deposit protection.????<BR/><BR/>Many Thanks<BR/><BR/>AxAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-22617683.post-66687141431159199692009-03-12T14:32:00.000+00:002009-03-12T14:32:00.000+00:00Probably you should claim against both. The agent...Probably you should claim against both. The agent is liable as he is the person who the deposit was actually handed to, however it is arguable that the landlord is also liable.Tessa Sheppersonhttps://www.blogger.com/profile/09661168506904640975noreply@blogger.comtag:blogger.com,1999:blog-22617683.post-3153240617686969002009-03-12T14:09:00.000+00:002009-03-12T14:09:00.000+00:00Hi TessaJust a question as to who I should take ac...Hi Tessa<BR/><BR/>Just a question as to who I should take action against for non protection. I found out that my deposit was unprotected when I vacated premises. I paid the deposit to the letting agents. They say it was the landlord's responsibility. He is withholding part of the deposit, even though the exit check states that the flat was cleaner than when I moved in.<BR/>So, would it be the landlord or the letting agent-or indeed both? This is confusing me. If I can decide on this I can proceed.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22617683.post-90019268944655424052009-03-05T10:59:00.000+00:002009-03-05T10:59:00.000+00:00Strictly speaking you should use neither. The cou...Strictly speaking you should use neither. The court have indicated that a special procedure (part 8) should be used for this type of claim.<BR/><BR/>This is set out in my <A HREF="http://www.landlordlaw.co.uk/page.ihtml?id=86&step=2&page=mem" REL="nofollow">Kit 2</A>, which also provides the forms. <BR/><BR/>The most recent feedback I have had from a tenant using this kit is that they have suceeded in getting the award without much trouble, but are worried about whether the landlord (who sounds like a dodgy type) will actually pay it.Tessa Sheppersonhttps://www.blogger.com/profile/09661168506904640975noreply@blogger.comtag:blogger.com,1999:blog-22617683.post-63531440243215224752009-03-05T10:16:00.000+00:002009-03-05T10:16:00.000+00:00Hi Tessa,I encounter sam old problem - landlord di...Hi Tessa,<BR/>I encounter sam old problem - landlord didn't protect my deposit under the scheme and I am thinking to bring the claim to court. Is it possible to do via small claims track (so not to involve solicitors)? What people do generally from your experience - go through small claims track or fast track?<BR/>Thanks!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22617683.post-11973468389425243132009-02-18T09:03:00.000+00:002009-02-18T09:03:00.000+00:00Whether you are eligible will depend on whether or...Whether you are eligible will depend on whether or not you have an assured shorthold tenancy. These can be created orally so it is not necessarily a problem that your landlord has not given you a written tenancy agreement.<BR/><BR/>You say you are in a flat share. It will depend really on how this is done. If you are a lodger sharing accommodation with your landlord, you will not technically be a tenant. Otherwise, if you have rented a room in a shared house but do not share your bedroom with anyone, you will probably have a tenancy. I would suggest you take some further advice regarding this.Tessa Sheppersonhttps://www.blogger.com/profile/09661168506904640975noreply@blogger.comtag:blogger.com,1999:blog-22617683.post-62244115891069531922009-02-18T08:23:00.000+00:002009-02-18T08:23:00.000+00:00Hi Tesa,I am a tenant in a flat share and hold a v...Hi Tesa,<BR/><BR/>I am a tenant in a flat share and hold a verbal Tenancy Agreement with the landlord. Upon my move in date, I paid a deposit to the landlord and agreed on verbal terms in regard to 1 bedroom of a larger flat. Several weeks later I wrote these terms in writing to the landlord in the letter, and have not received any objection. However, other than the letter that I wrote, I do not have a written tenancy agreement.<BR/><BR/>I know my landlord has not yet put my deposit in a Protection Scheme. Am I eligible to sue for 3x if I only have a verbal tenancy agreement and my agreement is in regard to 1 room of a flat share?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22617683.post-16237031697119338042009-02-05T09:40:00.000+00:002009-02-05T09:40:00.000+00:00I have received a very long and detailed request f...I have received a very long and detailed request for advice from someone called ‘Troubled Tom’. Apologies to you Tom, but I am afraid I am not going to publish this. I don’t mind giving a few tips to modest blog requests for help, but it is not the purpose of this blog to provide detailed free legal advice on complex problems. <BR/><BR/>Can anyone wanting detailed advice please use the <A HREF="http://www.landlordlaw.co.uk/pagedetail.ihtml?id=7805" REL="nofollow">advice service</A> provided via my web-site www.landlordlaw.co.uk. Thank you.Tessa Sheppersonhttps://www.blogger.com/profile/09661168506904640975noreply@blogger.comtag:blogger.com,1999:blog-22617683.post-3395646405342109492009-01-27T14:06:00.000+00:002009-01-27T14:06:00.000+00:00As you will have read in the preceding comments, t...As you will have read in the preceding comments, this legislation is not clear cut. However if the landlord failed to protect, you should be entitled to the fine of three times the deposit money. <BR/><BR/>In my view you should be entitled to this even if the landlord has paid the money back and/or if he protects very late (which may not be possible anyway if the tenancy has ended and you have moved out). However some Judges are unhappy about making the award and may find some reason not to make it. It is impossible to say in advance how any court case will go. It sounds however as if you have a very good chance of success.<BR/><BR/>You can bring your claim at any time. Our <A HREF="http://www.landlordlaw.co.uk/page.ihtml?id=86&step=2&page=mem" REL="nofollow">kit 2</A> can help.Tessa Sheppersonhttps://www.blogger.com/profile/09661168506904640975noreply@blogger.comtag:blogger.com,1999:blog-22617683.post-25300529243448523932009-01-26T22:01:00.000+00:002009-01-26T22:01:00.000+00:00Tessa, I've been reading through your posts and en...Tessa, I've been reading through your posts and enjoy your site. <BR/><BR/>I was wondering if I too could get some advice. <BR/><BR/>I moved out of my flat 2 weeks ago and have not received my deposit back yet. I know that this deposit was never protected under any of the schemes (I have checked with the 3 schemes and the landlord avoided the question on the numerous times I asked him. <BR/><BR/>To make it worse, the landlord isnt replying to any correspondence and through a very rushed coversation he informed me he would get around to it 'next week'. <BR/><BR/>I have 3 questions. <BR/><BR/>1) If we receive our deposit back, are we still entitled to go after the 3x fine given that the Tenancy Act has been broken, and this is the detailed punishment for this law break? <BR/><BR/>2) Given we have already moved out, there is no possibility of the land lord protecting the deposit, post-tenancy? <BR/><BR/>3) As we are still waiting for the deposit (now 2 weeks after moving out) how much longer do we need to wait before this is seen as unreasonable?<BR/><BR/>Thanks alot for your time, this is most appreciated.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22617683.post-38661572797326094822009-01-24T11:47:00.000+00:002009-01-24T11:47:00.000+00:00Probably not. Please click here for information a...Probably not. Please <A HREF="http://www.landlordlaw.co.uk/pagedetail.ihtml?id=7805" REL="nofollow">click here</A> for information about my advice service.Tessa Sheppersonhttps://www.blogger.com/profile/09661168506904640975noreply@blogger.comtag:blogger.com,1999:blog-22617683.post-62434571947887524392009-01-24T11:30:00.000+00:002009-01-24T11:30:00.000+00:00i signed a 12 month contract with a landlord for s...i signed a 12 month contract with a landlord for student accomadation in august 08 im not a student but the landlord was ok with this, but before the tenancy started i got an offer for a flat as i was on the housinglist 2 years i told the landlord this and they were fine and said that as the tenancy hadnt started they would easily find someone to rent my room i had my room inspeted signed out and handed my keys over,5 months later i get a letter of the landlord sayihg they are going to take me to court for the year rent arreas which is 4 grand, does the landlord stand a good chance if it goes to court?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22617683.post-87677476451439208032009-01-21T15:10:00.000+00:002009-01-21T15:10:00.000+00:00Provided your deposit was paid to the landlord aft...Provided your deposit was paid to the landlord after 7 April 2007, and provided you had an assured shorthold tenancy, you should be able to claim not only the return of the deposit from the court but also the 'fine' of three times the deposit sum.<BR/><BR/>If you are worried about going to court, our <A HREF="http://www.landlordlaw.co.uk/page.ihtml?id=86&step=2&page=mem" REL="nofollow">kit 2</A> will help you.<BR/><BR/>Even if you are not entitled to the 'fine' you will still be entitled to go to court for the return of your deposit.Tessa Sheppersonhttps://www.blogger.com/profile/09661168506904640975noreply@blogger.comtag:blogger.com,1999:blog-22617683.post-29476271955899281632009-01-21T14:12:00.000+00:002009-01-21T14:12:00.000+00:00Hi TessaIm having the same problem with unprotecte...Hi Tessa<BR/><BR/>Im having the same problem with unprotected deposit, my landlord told me that deposit was protected, but when i moved out he signed a personal cheque, he was more than happy with condition of the place signed the full amount,but stopped the cheque the next day, now he wont answer my calls, i also checked with all the deposit protection agencies, none of them have records of my deposit been protected.<BR/><BR/>Please advise.Gboyhttps://www.blogger.com/profile/05951695037153136728noreply@blogger.comtag:blogger.com,1999:blog-22617683.post-43971759371927818602009-01-12T22:59:00.000+00:002009-01-12T22:59:00.000+00:00If your landlord failed to protect the deposit whe...If your landlord failed to protect the deposit when she should have done, you have a case to claim for the 'fine' of three times the deposit sum. There seems to be some confusion among the Judges as to whether landlords can avoid liability by protecting out of time. However the most recent case reported (<A HREF="http://landlordlaw.blogspot.com/2009/01/tenancy-deposit-protection-award-made.html" REL="nofollow">here</A>) the Judge said that he had no option but to make the award.Tessa Sheppersonhttps://www.blogger.com/profile/09661168506904640975noreply@blogger.comtag:blogger.com,1999:blog-22617683.post-22528458079644284262009-01-12T22:29:00.000+00:002009-01-12T22:29:00.000+00:00i moved into my flat in september and gave my land...i moved into my flat in september and gave my landlady the deposit in august and she kept saying to me "i wont bank this".. i was like.. okay.. now that i have prematurely moved out (have gave her 1 months notice, this was allowed in the contract) i have only realised there is such thing as a deposit protection scheme and that it is the law to use one. i have never recieved any information about this and she never even told me about it. i have been on the phone to her today and i asked her why she has not used the scheme and she said she was unaware of it. will it be too late to take court action now the tenancy is over and my deposit is on the way soon? will there be a point trying to negotiate with her as she cannot protect it now? and will it go in her favour that she didn't know about it?<BR/>thank youAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-22617683.post-91982812867395723432009-01-11T10:06:00.000+00:002009-01-11T10:06:00.000+00:00Yes. Your agents charged you for a service they n...Yes. Your agents charged you for a service they never performed, and you have suffered financial loss as a result of this. This is both breach of contract and negligence on the part of your agents.Tessa Sheppersonhttps://www.blogger.com/profile/09661168506904640975noreply@blogger.comtag:blogger.com,1999:blog-22617683.post-14199870544157753492009-01-10T22:59:00.000+00:002009-01-10T22:59:00.000+00:00Hi Tessa. I am a landlord and let my property out ...Hi Tessa. I am a landlord and let my property out through estate agents, the estate agents took a fee from me to protect the tenants deposit. However after a year my tenants started not to pay any rent and I started the process through courts to get them evicted. I then found out that my estate agents did not protect the deposit, which had delayed my court proceedings to get my tenants evicted. I continued to pay the mortgage on my property for a further 6 moths with the tenants living there for free. Can I take my estate agents to courts for not protecting my deposit and delaying me from getting a possession order to get my tenants evicted.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22617683.post-24492693782279951892009-01-05T13:11:00.000+00:002009-01-05T13:11:00.000+00:00Well done on getting the court order. Enforcement...Well done on getting the court order. Enforcement is always a problem. If you have to use the court procedures it will I am afraid involve more fees. There is an article for Landlord-Law members on enforcement of judgements on the site (you will find it <A HREF="http://www.landlordlaw.co.uk/page.ihtml?id=284&step=2&page=mem" REL="nofollow">here</A> - you will need to scroll down), plus there is I think a leaflet on the Court Service web-site.Tessa Sheppersonhttps://www.blogger.com/profile/09661168506904640975noreply@blogger.comtag:blogger.com,1999:blog-22617683.post-50344135562503619292009-01-05T12:54:00.000+00:002009-01-05T12:54:00.000+00:00Hi, i've just returned from court having succeeded...Hi, i've just returned from court having succeeded in fining the landlord 3 times the deposit for not using a DPS. <BR/><BR/>My tenancy started after the DPS scheme came into affect and i realised after moving out (after my deposit was not returned) that the landlord had not used a DPS. In court he admitted not using it.<BR/><BR/>I was very clear in referring to the relevant parts of the 2004 housing act (section 214) and attached this as evidence in my claim. The judge agreed that he had no choice but to issue the full fine as the law was very clear. My landlord was also ordered to pay within 14 days. I got the feeling that he wasn't too happy about the amount of the fine. Several times he made the point that he had no choice in issuing the fine or adjusting the amount.<BR/><BR/>Actually obtaining the money is more difficult and thats a process i expect to go through now. Currently the landlord has not returned any of the deposit, and I have spent around 200 pounds on court fees.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22617683.post-78257117463789467332008-12-30T10:58:00.000+00:002008-12-30T10:58:00.000+00:00You can pay by sending me a cheque made payable to...You can pay by sending me a cheque made payable to TJ Shepperson - see the <A HREF="http://www.landlordlaw.co.uk/contact.ihtml" REL="nofollow">contact us page on Landlord-Law</A> for the address.<BR/><BR/>I think you can get leave to appeal out of time, I am sure that this would be granted, particuarly as the delay is caused by the intervention of the Christmas period. <BR/><BR/>I am afraid I do not have a lot of experience in appeals, mainly because I have not needed to appeal any of the decisions in my cases for a very long time.Tessa Sheppersonhttps://www.blogger.com/profile/09661168506904640975noreply@blogger.comtag:blogger.com,1999:blog-22617683.post-91232198532965831162008-12-30T09:56:00.000+00:002008-12-30T09:56:00.000+00:00Hi Tessa, Was planning to purchase one of your kit...Hi Tessa, Was planning to purchase one of your kits unfortunately payment doesn't accept maestro so sadly cannot use your service, unless you accept paypal. <BR/><BR/>I want to appeal a decision a judge made but unfortunately for me the case happened on 19th December and I have had real trouble finding a solicitor over the Christmas break to help me put a case to appeal. Not sure if I have time to still put a case together as I think I only have 14 days from case to appeal (complete form).<BR/>MariaAnonymousnoreply@blogger.com