Hi Natalie, When you started the court order had the LL tried to withold deposit from you at all? I'm asking as I have just started a county court order against the landlord 1 week ago (approx 2 days before my tenancy ended) for not protecting my deposit nor providing me with any information regarding my deposit during the course of tenancy. Anyway I just received a cheque for my FULL deposit back from the LA (who hasn't mentioned anything about the order against the LL and perhaps hasn't even spoken to him). Am pleased but at the same time am wondering how this return of my deposit should affect the court order against the LL which was specifically for TDS non-compliance?

I had not heard that but it seems strange that a LL can protect the deposit of an EX-tenant, when the whole point of the scheme is to ensure the LL doesn't make unfair deductions to the deposit or benefits from it during the tenancy. I guess I shall see what happens when the LL gets the order. Also regarding the forms used. I was stuck on this for quite a while: I had a special TDS pack which stated form N1 should be used whilst online forums suggested N208. In the end I rung up two different courts: one said to use the N208 and the other said to use moneyclaim because apparantly even though you cannot specify the type of form on there, it will still go to the right people who will know how to deal with it :? In the end I chose to go via moneyclaim as it was more straightforward and as I couldn't find a way of submitting the N208 online.

Thanks for the comments. I have found this exact disagreement concerning what happens if the landlord protects the deposit before the 14 days throughout the forum. It seems that some have won despite the deposit being protected before the hearing and some have lost because of it. What I would be interested in is whether there was any other difference between these cases or whether it was purely up to the judges discretion :-| To give you an update, I filed the court order today via moneyclaim and did it on behalf of all tenants. (They all didn't mind that I did this and I will probably work out something privately with all the tenants because I am the one doing all the work and the one risking £100 on court fees). I applied under TDS non-compliance and also mentioned briefly that the LL was in breach of the housing act 1985 from the start of the tenancy as the house was unfit for human habitation - I felt this would strengthen my case in showing the general inadequacy and incompetence of the LL in general. I figured that as my tenancy runs out in 2 days it was best that I filed the claim whilst I am still a tenant, therefore the court order precedes the end of tenancy date...but as the landlord wont receive the order till later this week by which time the tenancy runs out the landlord cannot protect the deposit because by the time he receives the court order I will no longer be a tenant and you cannot protect the deposit for a tenant who is no longer a tenant! The only question now is whether the LL can get out of the penalty by giving me my entire deposit in full before the hearing date :?

Hi, Desperate help needed over how to ensure the 3 times penalty. First I shall highlight Some background as to my situation: - Tenancy started July 2008, moved in September 2008. Tenancy expires beginning of July. - Joint tenancy with 3 other housemates excluding myself. - When we moved in the house was filthy: rubbish, slugs, mildue, holes in floor! I actually had my first asthma attack in over 5 years sleeping there. It was unfit for human habitation. - No information about whether our deposit was protected or who with, not after 14 days, not even after 6 months. - After couple days of moving in and hours cleaning the place we complained to the landlord and demanded him to do a clean of the house but he pretty much refused based on the fact we had cleaned the place 60% already by ourselves, he was very unaccommodating and stingy on anything that would cost money. - I asked about deposit in May 2009 and agent confirmed it was protected over the phone but refused to give me more details. - I wrote letter to landlord asking for the deposit details, no reply. - I wrote to all 3 deposit schemes and they confirmed in writing that they do not have our house/deposit listed under their scheme therefore indicating the deposit is not protected and the landlord/agents lied to me. Given the above information, My questions are: 1. My housemates are not so bothered about taking action against the landlord, but given that he has been the worst landlord I have ever had and appears to have broken several laws including house unfit for human habitation, not informing us within 14 days about deposit and (if correct) not protecting our deposit at all, I want to take action against him for 3 times the deposit we paid. So, what is the tenancy deposit situation regarding joint tenancies - Do I take action against the landlord on behalf of all the tenants? Do i file the petition with all 4 names? or just my name? 2. As the tenancy is about to end, there is a chance the landlord will repay the deposit to me before any court 'hearing' date. Has a precedent been set (as only one person in this forum seems to say - but I'd like reassurance from others if there is any) that even if the landlord has paid back the deposit before any hearing, if I filed a county court application against him with a date that precedes the date he returned the deposit, that he will still have to pay the 3x penalty? 3. If not, what is the best way to achieve the 3x compensation? 4. Is there a best time to achieve the above (point 3)? ie making sure I take action before the tenancy runs out in July, taking action the day the tenancy runs out or after? At the moment I am inclined to take action the day I am supposed to moved out, because last time I wrote to the landlord to just ask him to clean the house, he came over 8pm the night he got it unannounced and screamed at me. 5. Which form is the best? I found several forms pointing to one option which cost over £100 and another which was cheaper? Any help is appreciated!

Hi, I am a little confused by some of the things brought up, particularly with how to definately get the penalty 3 times deposit. Please check out my thread below. I would appreciate any advice you can give. http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/206234-deposit-not-protected-advice.html

Hi, Desperate help needed pleaase as there seems to be confusion over a couple of things First I shall highlight Some background as to my situation: - Tenancy started July 2008, moved in September 2008. Tenancy expires beginning of July. - Joint tenancy with 3 other housemates excluding myself. - When we moved in the house was filthy: rubbish, slugs, mildue, holes in floor! I actually had my first asthma attack in over 5 years sleeping there. It was unfit for human habitation. - No information about whether our deposit was protected or who with, not after 14 days, not even after 6 months. - After couple days of moving in and hours cleaning the place we complained to the landlord and demanded him to do a clean of the house but he pretty much refused based on the fact we had cleaned the place 60% already by ourselves, he was very unaccommodating and stingy on anything that would cost money. - I asked about deposit in May 2009 and agent confirmed it was protected over the phone but refused to give me more details. - I wrote letter to landlord asking for the deposit details, no reply. - I wrote to all 3 deposit schemes and they confirmed in writing that they do not have our house/deposit listed under their scheme therefore indicating the deposit is not protected and the landlord/agents lied to me. Given the above information, My questions are: 1. My housemates are not so bothered about taking action against the landlord, but given that he has been the worst landlord I have ever had and appears to have broken several laws including house unfit for human habitation, not informing us within 14 days about deposit and (if correct) not protecting our deposit at all, I want to take action against him for 3 times the deposit we paid. So, what is the tenancy deposit situation regarding joint tenancies - Do I take action against the landlord on behalf of all the tenants? Do i file the petition with all 4 names? or just my name? 2. As the tenancy is about to end, there is a chance the landlord will repay the deposit to me before any court 'hearing' date. Has a precedent been set (as only one person in this forum seems to say - but I'd like reassurance from others if there is any) that even if the landlord has paid back the deposit before any hearing, if I filed a county court application against him with a date that precedes the date he returned the deposit, that he will still have to pay the 3x penalty? 3. If not, what is the best way to achieve the 3x compensation? 4. Is there a best time to achieve the above (point 3)? ie making sure I take action before the tenancy runs out in July, taking action the day the tenancy runs out or after? At the moment I am inclined to take action the day I am supposed to moved out, because last time I wrote to the landlord to just ask him to clean the house, he came over 8pm the night he got it unannounced and screamed at me. 5. Which form is the best? I found several forms pointing to one option which cost over £100 and another which was cheaper?