Showing results for tags 'tds'.
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I'd like some advice please, if I may. My other half has sent a letter to our previous landlord asking for 2x the deposit amount as they did not protect the deposit. They have acknowledged that they did not protect the deposit. They claim that as a goodwill gesture, and because "you were clear you needed the full amount to purchase your new house", they did not deduct for repairs, redecoration and a deep clean, which they claim was needed over and above wear and tear. They also claim there were outstanding utility bills. Initial thoughts please?
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Hello, I rented a studio over 4 years ago through a London Agent; standard AST. The Agent secured my deposit (over £1000) with TDS. After one year my LL decided she did not need the agent anymore and offered to rent the flat directly to me. This, according to her, saved her some money to proceed with the needed repairs. I have been renewing contract (no changes in there) for the consecutive 3 years since then. Due to her numerous failures to carry out repairs (leaks, mold, poor insulation, lack of heating - literally she removed electric heaters from the walls to make the flat look bigger, fuse box issues - lights tripping out the box on a daily basis, boiler issues, shower power issues plus criminals next door, with their drug-related behaviour 24/7), I had enough and decided to move out, ending the contract in 2017. I gave her 2 months notice, but according to the contract I did not have to. She was extremely unhappy with my decision. On the same day she gave my private phone number to an Estate Agent; without permission&behind my back. They informed me that my LL decided to sell the flat and they would need immediate access to take pictures and show the property to potential buyers. I was speechless. I looked at my contract only to find out that she was in breach. The contract states that if the LL intends to sell the property, the tenant must be informed in writing 2 months prior the notice of intention to sell. Anyway, for the 2 months I have been harassed by my LL and Estate Agent so much, I had to take sick leaves as I was not able to perform my duties at work (she had known that I work nights only). On the day of my move she broke into the property (the police were called by my neighbours) and changed the locks. It's been over one month now and she does not reply to my requests for the return of my tenancy deposit. To cut the story short, when the new AST was up in 2016, she delayed it until the next month. She claimed that because of her delays in paperwork my deposit was protected for the time being as periodic, but she would protect it in full once the contract was signed. In 2016 I did not receive any reminder from TDS that the fixed term was ending and that action was required so that protection of the deposit continues ( this is what they say when asked about clarifying whether a LL complies with their rules). In the middle of my 2016-2017 tenancy I checked TDS (I had no reference number, nothing regarding the full AST deposit protection scheme from her). The only way I could check my deposit was by inputting the start date of the tenancy and full name on their website. The TDS could not find my deposit. I asked my LL about it and she said, blushing and stammering, that the deposit was in her account. I was at my wit's end so I tried to find my deposit with a reference number on periodic one. It turned out it's been periodic. My contract for the year 2016-2017 was not periodic. The previous deposit protection was fully registered and says: Tenancy start xx/xx 2015. Expected to end on or after xx/xx/2016. Can anyone advise how I pursue TDS and my LL about this? All advice/experience with LLs and TDS much appreciated. Thank you -
My landlord protected my deposit incorrectly and did not issue all the PI. I believe this means I can bring a claim against him for non protection, but he has ignored my letter before action. However, I am struggling with which form to use - N208 or N1. Some landlord websites seem to suggest it must be N208/Part 8 (and CPR 56.1 certainly seems to suggest they are correct) a nd that is a more costly route (which they seem to take great delight in pointing out to deter tenants from claiming!). I am happy to pay a solicitor in the knowledge that it is likely it will be claimed back. Because of this I went to see a solicitor and have been quoted £750+VAT for him to act on the case. Whilst this is fine IF I can recover the costs, the solicitor seems to think this will be dealt with as a small claims case eventually and so I will only be able to claim a fraction of that back. Obviously, as its a fixed fee, if it is referred to the small claims track I would already be committed to paying it. There is no financial sense in agreeing to pay this amount (hearing representation is extra) as it means even if I am successful I may only end up with several hundred pounds. I've also heard plenty of anecdotal evidence suggesting that deposit non protection claims are routinely heard in the small claims track and that is what most solicitors go with. So whats the best option and why? Should I start with N208 and if it gets 'downgraded' represent my self and it it doesnt go back and ask the solicitor to represent me? Should I start with N1 and hope LL doesn't point out that its the wrong form? How hard is it to complete N208 as a LiP? -
Dear all. My tenant are asking me to repair the rear fence. However, because of the different configuration of the garden behind us, our rear fence is actually the neighbour’s left hand fence. If this is the case, then are we still definitely responsible for this fence? The deeds do not say whose fence it is! Does anybody have any ideas please? -
After sending a LBA to my previous LL, who had not secured my deposit (£650) with the TDS, they returned the deposit in full. I re-sent the LBA reminding them of the maximum penalties (3x £650) for non-compliance. The LL has now come back with an offer of £650 in full and final settlement, stating that they were unaware of the law - even though it was specifically referred to in the LL's rental agreement. What is the chance of a claim for the maximum penalty of £1,950 succeeding, now that the LL has made this offer? -
Hi, I have recently moved into a new room with a private landlady. I paid the deposit on 11/9/14 via bank transfer as this would also hold the room. She acknowledged this via text and confirmed the room was mine and said she would send a tenancy agreement to my old address. I have now moved into the new place but have still not received anything after several texts requesting and her saying she would send. I have read that a written tenancy agreement does not have to be in place, but obviously I want one as was promised. Also I am unsure of where I stand in regards to TDS. I have read different information about this. The sticky at the top of the page says I need confirmation of this within 14 days, but another website says 30 days from the payment of deposit but only if a tenancy agreement is signed. Can somewhere advise where I stand if the landlady just never sends me a tenancy agreement, b) what date I should receive confirmation that my deposit was paid into a TDS., and c) if i don't sign a tenancy agreement is it correct the deposit doesn't need to go into a TDS. Thanks -
Hello, I moved property 3 months ago. When I chose this location, there were several factors which were very important to me. 1) A NTL connection had to be available, which the estate agent told me was available, and they even showed me the NTL connection. 2) That there was CCTV around the entire property, which there appears to be by various cameras placed around the property. Since I have moved there, I have found out that: 1) The NTL connection is infact a dummy and does not work. I approached the letting agent about this and got the following response: ********** Response: With regards to the NTL. This is the first ive heard about it. And as far as i am aware if you are in a non serviceable area then NTL would'nt install a connection point. If there is a connection point Joseph would assume like anybody else would, that NTL would supply a connection there. ********** 2) The CCTV camera's are ALSO dummies... I also approached them about this and they came back with the following: ********** Response: With regard to the CCTV this would be down to the Managment Company (SLM) TEL: 01482 328068. ********** Now why do I feel like I'm being fobbed off here and that the buck is being passed on. What options do I have to sort this out? Also in light of this, can I dispute the £120.00 administration cost which they said was for 'administration and credit checking'? Thanks and Regards Adrian -
Hey guys, I've been reading up on a few similar cases and I am just wanting come clarification and some questions answered. Firstly I will try and give you the situation I am in. My partner and I rented a small flat off an Agency who made us sign all the paper work and an annex to the original letting agreement stating that the deposit is to be secured. They then said that the LL wanted to do all the maintenance work on the property themselves. Ok contract signed, moved in. There was no inventory to be signed, no dated photographs to sign either (I have had to do this before) and after we moved in there was a very bad case of damp in three rooms of the house. It was so bad we had to move the bed from the bedroom into the living room to avoid breathing in spores. To be fair we did complain and it did get sorted. Anyway, trying to get back on track. Our tenancy was up, the LL was in Peru and was unavailable to come round for a walkthrough and to discuss any damages. She got back and informed me that the floor was damaged, the kitchen worktop was also damaged and swollen from dampness and there were black hand prints on the walls. Now I will say this now, the handprints were my fault (I work on my car) and they were around light switches and doors - I have admitted to doing this and I forgot to paint over them before I moved out (they are only three spots of muck). She is claiming the property will need a full repaint which I feel is unrealistic as the property was not freshly painted when we moved in. Can this be wear and tear? I was thinking of offering a goodwill gesture as I know this was my fault. Moving on to the kitchen worktop and floor. I have asked for photographic evidence, I have not received any of the floor yet, but the kitchen worktop she sent me is filthy, but upon closer inspection I can see plaster dust and white hand prints and smears on the surface. The LL had the builders in to extend the bedroom into an en-suite so I am guessing this is dust arising from the removal of plaster boards. The LL has no previous photographic evidence and only anecdotal evidence from friends, the handyman and relatives. The handyman has been round several times and has not said anything regarding the state of the flat, and we had the LL show a new tenant round and inspect the property and nothing was said then either. I want to know where I stand, from what I have read on here I can sue the LL for non-compliance but what about her withholding the deposit? Would this stand in court? surely there is not enough evidence on her part? I have been keeping all emails as proof but she did ring me up and pretty much beg me not to take her to court as she did not want to end the relationship on a "sour note" Any help would be greatly appreciated, and if you guys need any more info, or think that I have missed something out then please let me know Cheers T -
Hi, We are currently in disagreement with our previous landlord regarding return of our deposit. I have been letting in London for over 11 years and have never had any issues so I'm pretty new to this. We are coming to the end of negotiations and the landlord is currently insisting that it is us who raise a dispute with TDS. This has alarm bells ringing for me as I don't understand why the landlord does not raise the dispute themselves. It brings me on to the online evidence portal. Do both parties have access to the evidence AFTER the TDS has received ALL evidence? or Does the person responding to the raised dispute have access to the evidence BEFORE they respond? I only ask because for one of the things our landlord is making deductions for, I have hard evidence to support that the claimed work was definitely not done. My worry is that if we submit this in our evidence, the landlord will see it and then either tailor the evidence or try to do the work before they submit their evidence. Can someone please shed some light on how the online evidence portal works and any advice on this matter? Thanks a million -
Hello, I really need your advice please. I live in a shared household with two other tenants. The house share was started by myself & one other person & then a month later another house mate joined and a new tenancy agreement was made. We have agreed to an 18 month tenancy with a 12 month break-clause. We are currently 8 months into that agreement & the house mate I initially moved in with now wants to move out. The Letting Agent has agreed & neither I or the other housemate has any problem with someone new joining for the remainder of the tenancy. However it gets complicated as when we moved in we needed to secure the property with a deposit, which I paid. We then had to pay first months rent, security deposit & letting agents fees. This was split 50/50 with the first housemate (less the deposit I'd paid to secure the property) When the second housemate moved in the Letting agent insisted that the new tenant paid 1/3 of the security deposit but would not refund the initial over & above deposit back to myself & the other original housemate. The Letting Agent has agreed that should the original housemate leave she would be able to take a substantial amount of the deposit out of the security deposit. Whilst we both paid an equal 50/50 split they have somehow associated more of my housemates deposit to the TDS than of mine. How can I ensure she only gets back what she put in?? Any advice welcomed. -
Hello there, I've been doing some digging around the Tenancy Deposit Scheme as myself and girlfriend have recently left our tenancy at a 3 month let and have sought our deposit back. The landlord has stated that he is not willing to return the full amount back due to a number of issues which we are disputing. We have had a wide range of issues with this private landlord and property during our tenancy unfortunately no contracts were ever signed and was a verbal agreement although we do have some written emails as proof of our tenancy at the property including dates etc. During negotiations and decision making on the tenancy the landlord expressed that he would be running the Tenancy via an estate agents, we knew of the excessive charges that said agency charge and were moving from one end of the country to another so wanted to save a few pennies to which he agreed upon - perhaps the wrong move here. This lead us to believe that the landlord would arrange the necessary documentation for us and that our deposit would indeed be put into the relevant SDS however we never received anything and have gone on with thinking that a verbal agreement was enough after all the tenanacy was only 3 months and they seemed quite genuine people (mistake here). We were well aware of the SDS and that the landlord should have complied with this but it seems he hasn't. We have left the tenancy and the property now and have only just realised that the deposit we handed over of £500 has not been placed into the required schemes. I am wondering as we are no longer within the tenancy or have no written contract do we have a right to claim through small claims to obtain our deposit back regardless of the 'damage claims' he is making of which he has no proof of? Regards Sam -
Hello, Last year my landlord was awarded money from the deposit through the TDS, however, while the case was being considered by the TDS, he started a claim for the same amount through the courts. TDS found in his favour, and just after, I received a CCJ through for the same amount even though I wrote to the court to inform them that the case was being dealt with by TDS. I am trying to clear my credit history, so is there anything i can do about the CCJ? I have the TDS paperwork stating the amount awarded to landlord. Thanks
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Hello everyone, I am new to the site and, having read some extremely helpful information regarding tenancy deposit schemes, I wondered if someone might be able to help with one issue that I am yet to figure out. I recently informed my landlord that I would be moving out of my property of over five years (moved in Aug 2007). Everything has been very amicable up to this point, but we have just found ourselves feuding over my deposit. Last week he called to tell me that he never received my deposit (i.e. it was never forwarded to him from the agent dealing with the tenancy). As a result, he has essentially dumped the task of locating it on me. I have been in touch with all TDS schemes and none of them have any record of the deposit with them. I firmly believe it was never registered. I have proof of payment to a company called IPM, who are no longer trading. The request to pay the deposit to this company came from his agent, Sequence (William Brown specifically). I also have proof of this. Realising that the deposit was unprotected, I issued a letter requesting that my deposit be placed in a TDS. He has refused on the grounds that he never received it and has suggested that it is my problem. Now, I understand that I should be issuing a letter before action, informing him of his obligations, but I'm a little uncertain of my next move. Given that I move out in two weeks, I fear that I will not have time to clean the property to the expected standard before I leave. I am not prepared to spend money cleaning the property until I know my deposit is safe, yet I do not want him to protect it with one day of my tenancy left and then sting me for the work that needs to be done because I didn't have the time to complete it. Should I wait, or should I issue a letter before action now, with a short turnaround time, explaining that I need a prompt response in order to give me time to clean up and have a chance of recovering my deposit? Or, of course, should I bite the bullet, get the place up to scratch, and use the fact that I have fulfilled all of my obligations under the rules of the tenancy agreement to support my case? I wonder if it would be easier to wait until after I've left, but I don't want to appear to be playing games to the court, should the case get that far. -
Hello folks, I understand that landlords are obliged not only to register a tenancy deposit with one of the 3 authorised schemes, but also to provide a deposit protection certificate or equivalent information. Details of that are in the appropriate sticky (I can't post links yet). My question is a more practical one: are there any cases of court action against a landlord who *has* protected the deposit but has *not* provided the appropriate documentation, even by the end of the tenancy? Or similar situations? What I'm really wondering is how on earth it would be practical to *prove* that such documentation has not been received? Surely the landlord would simply claim it had been provided, and it would be your word against theirs? Or is the onus on them to prove that they did provide the documentation? If so, can one demand such proof in advance of court action to guard against the nasty surprise of finding out they *did* provide the docs after all? Thanks for any help! -
Our landlord didn't put our deposit into a TDS when we began our AST but did place it into The Dispute Service on 7th November. We had an email including the relevant leaflets on 22nd November (15 days later, minutes after I had written an email to the landlord threatening action). It seems likely (?) that we could have the deposit repaid at the end of the tenancy because he didn't deposit it in good time, (not that I am planning to trash the place! but we have it on good authority that he is a bit slippery about paying deposits back). Do I have a case to go to court? I wonder if I can sue for interest between his receiving the deposit and placing it in the scheme, and also for compensation, (as it was late into the scheme it is not protected). I am normally quite forgiving, (truly!) but this dreadful man has deceived us from the start and i have uprooted my family unneccesarily. If I have a case, how should I proceed? -
Hi, I am new here and wondered if I could get some advice to do with my landlord please? I have been living in a bedsit with my BF until I was pregnant we then needed to move into a 2 bedroom property. We told the LL last year we would be moving out and it would be short notice as it was going to be a housing association property. We didn't know when we'd move out, we were waiting until one was available and we had viewed it. If the property was ok with us we were given the keys there and then. The lanlord was happy with this and there was no problem. That was last year and again this year he had said just to keep him updated and as soon as we had somewhere to let him know. Over the last year and the cold we have been complaining more and more about the fact we have been cold in the bedsit. (Rent inclusive of heating) He had just said things like turn the oven on. After I had my baby we were alot more concerned about the bad weather and wanted the heating on but he had it set on timer with no way of turning it on when we wanted it. Someone has told me that the LL has been in breach of the Tenants Landlords Act as the heating has not been available for us to use when it's been required. This began a downhill slope on the relationship as we became more and more frustrated with lack of heating when we had our baby (didn't bother us as much when it was just us but it did with our newborn) A couple of months before we moved out we asked which TDS the deposit was with? He said it wasn't with anyone and that he had used it for rent when the old landlord had sold him the property as this was what he was told the deposit was for. Now we have moved out he is saying we needed to give him a months notice and so the deposit will go towards that and that we still owe him money. We have texts from the LL saying he just wanted to be kept up-to-date when we move out. We have texts saying that he hasn't used the TDS. What is the best thing to do? We think we should write a letter holding the LL in breach of tenancy because the heating wasn't on when it was required, he let himself into the bedsit when he wanted to talk to us or get the rent (without knocking) and the elctrics would trip if too many things were switched on. We have the signed deposit slip still from when we moved in. Should we do any of the following in any particular order? 1) write landlord with all our complaints and say we will go to court if not sorted? 2) go to private lettings at coucil and report the matters to them? (what will they do?) 3) take landlord to small claims court for TDS failure to get rent back and also breach of tenancy? Any suggfestions please? Thankyou -
I wrote a while ago on here how I took my landlord to court for non return of my deposit. The judge awarded in my favour and issued an order for the Landlord to pay my £375 deposit plus 1x deposit. Since then the Landlord has made a counterclaim and has fabricated evidence saying that I caused £1100 worth damage to a radiator and a matress. During the first hearing of the counter claim the Landlord failed to present any evidence so the Judge set another date for the hearing. As I did not recieve any evidence prior to the hearing I did not attend the court hearing. During the hearing when I was not present, the Judge awarded in favour of the Landlord. The Judge served an order for me to pay the Landord £1100 despite the fact the order has already been served for the Landlord to pay me £375 + £375. Of this amount £375 still remains outstanding. Was correct not to attend the hearing as no evidence had been sent to me therefore I had no case to defend? Has the Judge made a mistake in issuing the order without me having the opportunity to defend myself? The hearing was 2 months ago and today I have recieved an attachment of earnings form from my landlord as they seek to recover the money owed to them via my employer. Where should I go from here? -
Hi there hoping for some advice. We recently got a phone call from our landlord saying someone has put and offer on our flat and has been accepted. From this we asked if we could end the tenancy early if we found somewhere say in a week or two. He said yes. We have signed for a new flat and told the landlord who is saying he didn't say it and wants 2 months notice. I'm guessing we're in a bad situation, 2 months is on paper and the 2 week notice was only a verbal agreement. Am I correct in thinking this? This leaves us in the awful situation of potentially paying for 2 places for 2 months - which neither of us can afford, I used all my savings for the new deposit! What are our options, we're considering formally handing notice stating 1 month as agreed, but he's not going to like it and dispute this... We could cancel our standing orders for the following month - but i'm guessing he'll chase our money. Upon investigation we have found our deposit is not in any of the 3 DPS and when asked he said its in his own scheme... Hmmm... is it still true that we can go to the small claims court and get this deposit back and 3x? Can this be done after the tenancy or has it to be done before? Anyone got a quick heads up? How do we stand, i'm worried to tears! Whats the best course to take? I feel sick that he has done this after 3 years of renting from him and being perfect tenants. Help very much appreciated. -
CAn anyone advise pls? Sent a LBA to LL re non-protection and return of deposit and court proceedings. Heard nothing back within 14 days then receive a letter from the LL's solicitor asking me not to instigate court proceedings for a week as they'll be in a position to answer the "issues" i raised then.They threatened that if I don't comply then they'll produce the letter to the court when the issue of costs arises if not before! I thought that in the case of non-compliance with the TDS rules that I could not be liable for LL's costs? Any other pointers welcome. Thanks Bit of background. Left the property a few months ago but after the 6th May deadline for TDS compliance. -
Hi, Was just wondering if someone could help me and my flatmates with a situation we're having with recovering our deposit for a flat in London. The three of us are students at present, but the rental was a private one. We vacated the flat without the landlord or a representative from the letting agency present, but did our own full inventory and took photos of this. The landlord (who deceitfully is also a director of the letting agency company) is disputing claims that the deposit will not be returned because of his own costs: £850 to repaint it?! - but we haven't consented to this or at least discussed it - or seen a vat receipt of the company that did it, as well as others for 'professional cleaning' - all despite us leaving the flat in an arguably better state than which we received it in (on moving in the boiler was barely functioning and the kitchen and living room infested with cockroaches - despite reporting it to them and they eventually being sorted. Do we have any grounds to contest this with? Can the landlord charge himself whatever amount he likes for these ridiculous 'repairs' and non-acceptance of general wear and tear. The deposit is registered with a scheme and they have means to dispute it, but we'd like to keep it amicable if we have any chance of recovering it? Any help would be really appreciated. -
Does anyone have an idea what commencing action will cost? I've seen wildly varying figures for use of the N208 form from £175 to £000's If there is non-protection by May 6th 2012 and no info provided, then isn't it an open and shut case - never that simple I know?! Is a defendant given the right to counterclaim, given that they either have or have not followed the legal obligation? Thanks in advance.
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When I moved in to my apartment in March 2009, it was on a Common Law Tenancy basis for 12 months, the rent at the time being greater than the £25k threshold. I was then asked to renew by the Landlord as they said their bank required them to have a signed agreement as a condition of their mortgage, whereas I had suggested just rolling the contract on on a periodic basis. I also informed the landlord that from October 2010, our tenancy would revert to an Assured Shorthold and they would be required to protect the deposit. We signed a 6 month extension to the end of September 2010 as a result. When it came to this the landlord did not ask for a renewal of the agreement, conflicting with the previous statement that they needed to have a signed agreement as a condition of the mortgage. As I understand it, whilst the tenancy as a legal contract therefore changed to an Assured Shorthold from October 2010, it was I suspect on a periodic basis. Whilst the advice from the Department for Communities and Local Government recommends that all deposits under AST's are protected, I'm not sure there is any case law yet that would suggest, given our contractual history, that we are eligible for the 3x deposit penalty after May the 5th, because our landlord has not notified us of it being protected, nor under which scheme? I would be delighted if you could inform me otherwise? I think I read somewhere that as a result of the Localism Act that there are changes which imply that all AST's now have to have protected deposits? Thanks in advance for any help.
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Last year I and 7 friends rented a house together. We were all students during the term of the tenancy. We had no problems at all until about a week ago, when the landlord got back in touch regarding our deposits. He proposed some very large (frankly ridiculous) deductions. So I began to investigate our rights. (I can go into more detail about these charges if need be, but I thought I should ask about Tenant Deposit Protection Schemes first). I replied to this, asking him which TDP scheme he had used. The landlord informed me he had not used a TDP and was not legally required to do so, as the tenancy value was above £25,000. However, on the directgov website it says, "If your tenants are students, you must protect their deposits using a TDP scheme if: they have an assured shorthold tenancy you received their full deposits on or after April 6 2007" I had a copy of the contract sent to me, and it says our contract is an Assured Shorthold Tenancy (AST). It also says, "You have to pay a deposit . . . and the deposit will be protected in a Governement Deposit Protection Scheme." Does this mean that the landlord was legally obliged to use a TDS because we were all students, even though the tenancy value was above £25,000? If not, he is still clearly in breach of the contract, but I don't know what the implications of this are. Could we take him to court over this to try and get our deposits back? Any help with this would be HUGELY appreciated. Thanks. -
Hi guys, Really hope we can get some advice, we are having real problems with our landlord. First of all there are repairs that have been outstanding nearly a year that are getting worse, damp that is shorting electrics, half the electrics in the house are out, the plumbing both in and out, rotting walls the list is endless. I have been promised time and time again it will be fixed and normally he sends round an unskilled worker to botch it over, even important thingsnow as my daughter seems to be getting ill from the damp i contacted him again, he came round with his same 2 workers and said they would be back on Monday, he was also stating it is my fault and he will be holding the deposit (there is no TDS for it that I am aware of) he also stated he would be charging my guarantor for the repairs. This is all nothing new, this is exactly how he behaved last year, we would move however we cant afford to. I know for a fact he has lost the tenancy agreement and also it was my mum and dad that signed the gurantor, he thinks it was someone else. Sounding a bit crazy? he really is, he always comes round with no notice shouting and bawling making my wife feel unsafe, and sends letters demanding money for things that never happened. Our issue is that we are behind with the rent, by 2 months, he says we are witholding it due to repairs and that is dangerous, but in truth we are really struggling, however we have just had a claim for housing benefit approved so will be able to start paying again. My question is, can I make a claim under the TDS (Tenancy Deposit Scheme) as I know that he has not set it up and we have not received any information. I know it is a long post and perhaps a bit rambling, but we are under a lot of pressure due to this situation and really need some help please -
I have recently moved out of a property after 7 months (initial fixed term of 6 months). I discovered late in the tenancy that the landlord ( he is the cousin of the owners and manages the property for them) had not protected the deposit. I have repeatedly asked where it is - he has avoided the issue, blamed it on the letting agent and even given me a bogus reference number for the TDS (think this was for one of his other properties). I have now established that it is not protected in any of the 3 schemes He has tried to make spurious deductions for cleaning, despite us leaving the property in a good and clean state. he provided no inventory, no check-in or check-out report. He wouldn't even meet me to inspect the property on moving out and insisted I drop off the keys. I have told him that if he does not repay it in full I will pursue a claim for non-protection of the deposit but he doesn't seem to care. I have a few questions: 1. Do I have a good case to claim the 3 x deposit penalty? 2. Iss there a chance I could lose, or just get the deposit back and have to pay costs out of this? 3. If he returns my deposit in full, does that prevent me bringing a compensation claim for the 3 x deposit? 4. Can reclaiming the deposit itself and the compensation be done as part of the same claim or do I have to lodge these separately? Your advice would be appreciated, along with any tips on submitting the N208 claim form and what to include with it.
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