Obtaining a Court Order for Tenancy Deposit

[Grid66]

Firstly hello to all, this is my first post, a desperate one at that.

I have just found out that my agency has not protected my deposit under a deposit scheme and would like to know how to go about applying for a court order for the return of the deposit and compensation under the new law. Is this something I can do myself or do I need to go to a solicitor? Does anyone know what costs are involved? Has anyone undergone this themselves?

I need to pursue this as a matter of urgency as the loss of this deposit has very serious future implications. I have a suspicion that this agency is now holding up behind closed doors and buying time for an insolvency.

The circumstances are as follows:
I was contacted by the landlord who has found discrepancies in their rental income paid to them by the agency. The agency offices are closed and they are taking no calls. On inspection I realised that the agency was supposed to provide details of the scheme within 14 days of us paying the deposit. No such details were provided. I contacted the company that the agency quoted as holding the deposit but they have confirmed that it does not hold a deposit for our tenancy. The tenancy was started in June 2007. The landlord is also in trouble with their mortgage company and are faced with having to sell their property. The loss of this tenancy is MAJOR implications for myself as going to another agency to secure a tenancy is not an option at this point, I do not have the money.

[tiglet]

Have a look here Tenants: Tenancy deposit scheme : Directgov - Tenancy Deposit for some more information and helplines.

[Grid66]

Many thanks for the link tiglet. I have been through the information but unfortunately it does not mention how to go about getting the court order. I will try the helplines though.

[tiglet]

Call your local county court and ask them for information.

You could also try having a look at hm courts website to see if they can provide any information.

[Grid66]

Yes, I am currently looking through courts website, it's a bit of a minefield though, but I'll keep trying.

[Planner]

Have a look on the landlordzone forums, this is a question that has been raised on numerous occasions, but no one yet knows the answer including the courts.

There appear to be a variety of options;

1) - sue for the single deposit amount - this will cost you the relevant amount on the HMcourt 'scales'

2) - sue for three times the original deposit amount - this will cost you the relevant amount on the HMcourt 'scales'

3) Or sue for "Something other than Money" - Which is £150 on the court scales.

Fees -link to costs

My personal belief is that 3 - "Something Other than Money" is the correct option, as its for the courts to determine if TDS has been complied with not the claimant. The courst will then award the x3 depsoit if there has been a breach of statute.

[Grid66]

Many many thanks planner but have they not already breached the statute by not providing the details within 14 days?

EDIT > that link look very good, thank you.

[Planner]

Yes but have a look at the foollowing from the Act. I have underlined what I see as the key parts; Housing Act 2004 (c. 34)

Proceedings relating to tenancy deposits
(1) Where a tenancy deposit has been paid in connection with a shorthold tenancy, the tenant or any relevant person (as defined by section 213(10)) may make an application to a county court on the grounds—
(a) that the initial requirements of an authorised scheme (see section 213(4)) have not, or section 213(6)(a) has not, been complied with in relation to the deposit; or
(b) that he has been notified by the landlord that a particular authorised scheme applies to the deposit but has been unable to obtain confirmation from the scheme administrator that the deposit is being held in accordance with the scheme.
(2) Subsections (3) and (4) apply if on such an application the court—
(a) is satisfied that those requirements have not, or section 213(6)(a) has not, been complied with in relation to the deposit, or
(b) is not satisfied that the deposit is being held in accordance with an authorised scheme,
as the case may be.
(3) The court must, as it thinks fit, either—
(a) order the person who appears to the court to be holding the deposit to repay it to the applicant, or
(b) order that person to pay the deposit into the designated account held by the scheme administrator under an authorised custodial scheme,
within the period of 14 days beginning with the date of the making of the order.
(4) The court must also order the landlord to pay to the applicant a sum of money equal to three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order.
(5) Where any deposit given in connection with a shorthold tenancy could not be lawfully required as a result of section 213(7), the property in question is recoverable from the person holding it by the person by whom it was given as a deposit.
(6) In subsection (5) “deposit” has the meaning given by section 213.

I think 2 and 2a imply that its for the court to make the decision - even though its apparent that its not been complied with to you and me.

I think 3, then implies its for the court to decide the compensation. In this case x3 depsoit and return of depsoit if not already done so.

[Grid66]

Planner (or anyone) further to your post, there are only 3 official schemes which can hold the deposit. If I have a letter from each that states that a tenancy in my name at the specified property is not held does this not provide prrof required? Or do the courts still decide?

EDIT > we posted a response at the same time. perfect information. I will be initiating the court order as a matter of urgency and keep all the documentation and printed e-mails that they sent me stating the scheme that was used.

[Grid66]

I will post any outcome for the benefit of other forumgoers.

[Planner]

Originally Posted by Grid66

Planner (or anyone) further to your post, there are only 3 official schemes which can hold the deposit. If I have a letter from each that states that a tenancy in my name at the specified property is not held does this not provide prrof required? Or do the courts still decide?

EDIT > we posted a response at the same time. perfect information. I will be initiating the court order as a matter of urgency and keep all the documentation and printed e-mails that they sent me stating the scheme that was used.

I still think its for the courts to decide hence the phrase in the act;

if on such an application the court is satisfied that those requirements have not, been complied with in relation to the deposit

Obviouslt three letters from the TDS schemes will go along way to satisfying the court that it hasnt been complied with.

[Grid66]

Progress - I have contacted the local county court, they are sending me all the relevant forms and fee schedules to make the application.

[Planner]

Good stuff!

Let us know which it the correct approach.

I have a terrible feeling you are going to be sent the general "How to submitt a claim form" available on the HMCS website and the court costs I have provided a link to above, rather than the answer to the specific question - should i be claiming a money amount or something other than money!

[tiglet]

Good luck Grid!

[Grid66]

Originally Posted by Planner

Good stuff!
I have a terrible feeling you are going to be sent the general "How to submitt a claim form" available on the HMCS website and the court costs I have provided a link to above, rather than the answer to the specific question - should i be claiming a money amount or something other than money!

The person I spoke to did mention that I needed to fill it all out in triplicate so it sounds like they are sending something related to a claim form, and not just the information. But to be safe I will go to the court and get hold of the forms myself even though they are in the post (or will be).

Many thanks for the help so far guys and dolls, it is very much appreciated. I will report back once there is some progress.

[Planner]

Originally Posted by Grid66

The person I spoke to did mention that I needed to fill it all out in triplicate so it sounds like they are sending something related to a claim form, and not just the information. But to be safe I will go to the court and get hold of the forms myself even though they are in the post (or will be).

Many thanks for the help so far guys and dolls, it is very much appreciated. I will report back once there is some progress.

Oh dear, sounding more and more like you are going to be sent a copy of the N1 county court claim form (which is used for all county court claims and is available off the website), which incidently you have to fill out in triplicate!!

Oh well let us know. Again the key is to ask should i be claiming for a monetary amount or something other than money. Dont let them fog you off with we dont give legal advice. Its not legal advice it PROCEDURAL advice.

[tiglet]

You could also try the CAB as they may be able to point you in the right direction.