deposit not protected. Advice Please

[Jenny269]

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?

Edited June 26, 2009 by Jenny269

[Mr Pipps]

You asked on this post about how to gain access to a potential TDS penalty.

 

In direct response to this specific point only, it would appear to me that the trend at present is that tenants who have been wronged and have brought TDS non-compliance action against their landlords, seem to only get awards for the three-multiples-penalty when the tenancy has since concluded and the landlord has tried to unfairly keep the tenancy deposit.

 

Though it isn't in accordance with the strict letter of the law for only tenants who have suffered had an attempt of theft of their deposit to be entitled to the penalty, this certainly seems to be the only situation where such a penalty is directed by a judge. Tenant's who have suffered less, don't seem to be so fortunate.

 

Of course, if a tenant who had suffered less was able to competently present a convincing and credible case, then I am sure the outcome would be different.

 

Would anyone else like to offer any thoughts on this point? What do you think?

 

I hope this helps in some small way.

[Mr Pipps]

Has a precedent been set [?]

As far as I am aware, there have been no TDS penalty cases outside of the County Court, so no. A County Court judgment is only persuasive on other courts, but not binding as a precedent.