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Everything posted by DisgruntledTenant

  1. Sounds like you're going to have to take this up with the relevant TDS's arbitration service....
  2. Have you checked with each of the TDS's to see if your deposit has been protected?
  3. No idea re engine. And yes, you should have received the presribed info. Its part of his legal responsibility. Note he can give it to you at any stage before the trial to avoid the penalty.
  4. How much was your annual rent? When was the latest TA signed? Was the deposit protected? Were you in England or Wales?
  5. Scheme came in Apr 07. Did you have your agreement renewed each year? Without a check out inventory, they're pretty hard pressed to prove any damages above fair wear and tera were yours.
  6. Write to each of the TDS's if you like, and they will write back to you with documented proof that its not protected. That is sufficient to prove that its not protected. They usually reply within a couple of days. Probably worthwhile doing it, as if it comes to court, the LL cant argue that he has protected it.
  7. There are only 3 schemes. I suggest you send him a Letter Before Action requesting the full return of your deposit within 7 days...
  8. I'm not a lawyer, but I would leave it out. To me the penalty is for failing to protect the deposit, and has nothing to do with whether she did or didnt return the deposit. That really is irrelevant to a claim against a LL's failiure to protect the deposit. Hopefully, if you get the claim in quick, she will then counterclaim with the deductions, and as I understand, there is no entitlement to counterclaim against damages in a TDS dispute as each of the schemes provide arbitration services. And given there is no excuse for not using the scheme, the arbitration services are the only option for a landlord to look at deducitons. And then her counterclaim will get struck off straight away. See Tenancy Deposit case- tenant awarded damages and 3x - LandlordZONE Forums Note the judge accepted the tenant’s argument that the award was a strict liability penalty, and that consequently there was no provision for counterclaim for outstanding rent arrears or other arguments about the return or retention of the deposit on the basis that a statutory scheme included arbitration for disputed about returning or retaining deposit monies.
  9. Thanks for this. I guess this will do. I just figured a blog may not have alot of standing in court... And I guess the judge accepted your claims.
  10. Evening all. I'm busy compiling documents for my upcoming TDS non-compliance case against my former landlord. There was a case between Stankova v. Glassonbury 10th March 2008, Gloucester County Court where it was reported: In awarding the monies, the judge accepted the tenant’s argument that the award was a strict liability penalty, and that consequently there was no provision for counterclaim for outstanding rent arrears or other arguments about the return or retention of the deposit on the basis that a statutory scheme included arbitration for disputed about returning or retaining deposit monies. Given that my LL is counterclaiming against my TDS non-compliance claim, I feel this ruling is important. The case is reported on a lot of blogs/forums, however I would be alot more comfortable giving the judge something official, rather than a print out from a blog or forum. Is it possible to get an official copy of this ruling, with this comment, from somewhere? The courts perhaps? Does anyone know how to go about doing this? Thanks in advance. DT
  11. Send him a letter like this one... http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/212785-landlord-refusing-give-deposit.html
  12. I wouldnt usually correct Planner, (who is the guru here) but I think he means that they are NOT in a position to negotiate. (Sorry Planner.... pedantic I know ) Remember that the money is always your money, and never becomes the LA's money until you agree to it, or until you are ordered to pay the LA/LL by a court. Its not up to a Landlord to unilaterally make deductions as he thinks fit, without you agreeing to them, and this is exactly the kind of behaviour the TDS is designed to prevent. Also, by not protecting your deposit, the LL has provided you with no recourse to dispute these deductions. Here is a letter that I used (which you are welcome to modify). http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/212785-landlord-refusing-give-deposit.html I would also add that if the court finds that deposit has not been protected, the court must award the penalty. There is no discretion for the court on this. As for paying costs if you lose, I think you would be pretty hard pressed to find a judge that would make you pay the other sides costs if at the time the claim is lodged, the deposit is unprotected, and unreasonable deductions have been made. I did read of one case on here where the deposit was protected prior to court, and after the claim was lodged, and the costs were shared. (ie pay your own only). Good luck. I suspect though if you send a letter like this to the LL he will pay you back the deposit. Its pretty clear that if he doesnt he'll get fined.
  13. I've been on these forums for a while now, and yours does seem unique...
  14. Actually... the ex-LL is counterclaiming with a load of made up stuff 5 different things, all of which are bogus.
  15. There's a letter I used here that may be of use. Sounds like you have a pretty good case... http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/212785-landlord-refusing-give-deposit.html
  16. How do you find out about what cases are on? And when they start? I'm guessing TDS cases are quite rare?
  17. Shucks In heinsight, I probably should have quoted the act where it says that the judge has discretion and must order the fine. But that can be added in.
  18. I think the missing clauses are irrelvant... all deposits (that meet the criteria for the TDS's) must be protected, whether the tenancy agreement states so or not.
  19. Laprice, I'm no lawyer, so please dont take this as qualified advice. In other words, my advice is worth what you paid for it This is the letter I sent to my LL when he refused to return my deposit. I think legally it has to be done through the post, recorded delivery... DATE Dear XX, RE TENANCY ADDRESS, POSTCODE, DATES OF TENANCY Deposit of £XX.00. LETTER BEFORE ACTION After several weeks of trying to get our deposit back from you, and after obtaining legal advice to our position, we have decided to take this matter further. We note that you have failed to treat our deposit in accordance with the statutory obligations of the Housing Act 2004. These transgressions are detailed as follows: Firstly, our deposit was not protected under a Tenancy Deposit Protection Scheme for the duration of the tenancy. This is a statutory requirement under Section 213 of the Housing Act 2004. The Housing Act 2004 states in Section 213(1) that: Any tenancy deposit paid to a person in connection with a shorthold tenancy must, as from the time when it is received, be dealt with in accordance with an authorised scheme. Secondly, we were not notified within 14 days of the start of our tenancy which Tenancy Deposit Protection Scheme our deposit was held under. This is a statutory requirement under Section 213 of the Housing Act 2004. The Housing Act 2004 Section 213(3) states that: Where a landlord receives a tenancy deposit in connection with a shorthold tenancy, the initial requirements of an authorised scheme must be complied with by the landlord in relation to the deposit within the period of 14 days beginning with the date on which it is received. Finally, this has left us with no recourse of action, should our deposit be disputed. Through a Tenancy Deposit Protection Scheme, within 10 working days of the end of the tenancy, the landlord or agent must inform the tenant of any proposed deductions. After this time, there is a period of 20 days in which to resolve any disagreement between the Landlord and Tenant. This option has not been afforded to us. By not protecting the deposit in a Tenancy Deposit Protection Scheme, this is clear contravention of the spirit and intention of the Housing Act 2004. Withholding our deposit unnecessarily while not providing recourse to dispute is the very behaviour the Act was designed to prevent. In essence, our deposit was completely unprotected during the entire length of our tenancy. As such, should our deposit not be returned in full within 7 working days, we shall instigate a claim for three times the amount of our deposit as a penalty for failing to register our deposit with an approved Tenancy Deposit Protection Scheme in accordance with section 213 and 214 of the Housing Act 2004. For the avoidance of doubt, this amounts to £xx.00. We also will claim for the original deposit that has still not been returned to us. This amounts to £xx.00. Thus the total for our claim will be £xx.00. I reiterate that were legal proceedings to be initiated, any court costs, costs associated with attendance and foregone interest would be in addition to our existing claim. Yours sincerely,
  20. Assuming you qualify for the TDS (rent less than 25k pa, not in Scotland, deposit paid after April 6 2007 etc) I think that its important here that a Landlord isnt allowed to unilateraily make deductions from a tenants deposit without agreement from the tenant. Remeber its not the landlords money, its the tenants, and its always the tenants money until the Tenant agrees to give the LL the money, or until he is ordered to do so by a court. The way I see it, what the deductions are for, and whether they are legit or not, its not important. By not protecting your deposit, the LL has failed to provide you with any recourse to dispute these deductions. Its a statutory requirement that the LL protects your deposit. Personally I think from what you have written above that you have a pretty strong case for the 3x penalty (I'm no lawyer though), based on the simple fact that the LL has failed to protect your deposit. Remember this, its not a penalty for failing to return your deposit, its a penalty for failing to protect your deposit. 2 very differnt things. The deductions etc in my mind, are irrelavant. There is an argument that if the deposit hasnt been protected, but is paid back within a reasonably time frame, then the intentions of the statue have been met, but this doesnt apply to your case. I think you should write a LBA to the LL, stating that he has failed to comply with the HA2004, and that unless the deposit is returned IN FULL within 7 working days, you will begin a claim against him on these grounds. Good luck.
  21. Definatley talk to Shelter. And so what if you did sublet... there was no financial loss to the Landlord.... Sounds like he's trying to frighten you off. And it has to be pretty hard to prove that you evaded the inventory. Likewise, its hard to prove that you underpaid rent, I presume you can prove via bank statements that you didnt? An important point here is that as soon as just one of his claims is shown to be bollocks, it makes the rest of his case look extremely suspect. And the Judge will pick up on this.
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