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Hi, I'm seeking some advice on how to proceed with a TDS non-compliance claim.

 

Background:-

- I moved into a property on 18 May 07.

- £500 deposit was paid (cash, into their account) on that date

- I moved out on the 10th May 09.

- I did not receive any paperwork relating to deposit protection, even though the tenancy agreement states that it was (it was one of those standard form TA's), during the entire time of the tenancy agreement.

- I have recently been through all 3 of the deposit protection organisations, all three confirm that they have NOT been protecting my deposit.

 

The landlord in the meantime is claiming that I should be paying her even more than I already have(!); I know that this is a separate issue from TDS, and I'll deal with it separately.

 

Having exhaustively read as many of the relevant threads as I can find on here, it would seem I have a fairly simple case with a reasonable chance of success.

 

My questions are-

1. Does anyone have a template for a LBA for a TDS-non compliance case? I've looked around the forum but (unless I'm being super-dumb and/or my Googling skills are less than I thought) there isn't one.

2. How much proof do I have to provide that the deposit was paid on the date it was paid? As I say, it was paid in cash into her account. I do have a receipt, but right now I'm not sure where it is. Should I wait and find it, or file the claim anyway? Edit- I do have a recent letter from her confirming that she holds the deposit, so there wouldn't be any argument as to the fact that she holds it, merely establishing the date.

 

After 15 years of renting, and looking into the future it seems that I'll never own a house, I am so heartily SICK of landlords. I'm broadly familiar with County Courts; I just want to get it exactly right so that this particular landlord can get what's coming.

 

Thanks guys!

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This might help. If she chooses to protect the deposit between now and when you get to court, or gives it back to you, it does seem to depend on the judge as to whether you win or lose, but I think some judges are getting fed up with LLs who try to get away with this. By the same token, if they think it is a "revenge" claim, it could go against you.

 

I have pasted this from another forum site. Hope it helps.

 

"Guidance has been published by HM Courts regarding the issue of claims under s.214 of the Housing Act 2004 for the 3x deposit 'penalty'. Apparently the civil procedure rules are soon to be amended to state that all claims must be started using Part 8 procedure. this blog post explains a bit more.

 

Claims will be automatically allocated to multi track (not small claims) which means that legal costs are recoverable irrespective of the size of the claim. (Obviously, the court might then re-allocate if there were good reasons).

 

This means that tenants will have to be very sure of their case before claiming. This is probably to reduce the number of speculative claims relating to minor technical non-compliance (such as providing details a week late) as well as 'revenge' claims."

 

You could of course just write to your LL and tell her that unless she returns your deposit to you in full in the next [10?] days, you will sue her for the deposit + 3xdeposit penalty for non-compliance with the deposit protection legislation. This often works a bit like a laxative.....

 

Sorry you are sick of landlords, I do try to be a good one!!:-D


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Thanks for this, Kentish Lass.

 

I don't think this qualifies as a "revenge" claim- I simply want my deposit back. I've spent the last 3 months leading a merry chase round the houses with one excuse after another, and now I'm fed up.

 

I'm planning to do as you suggest- in fact that's why I was asking about the LBA. However on present form I'm resigned to the fact that I'll have to take this all the way. I really hope it'll act as a laxative.

 

I'm sick of landlords because this is now the 5th tenancy I've had where a LL seems to think they can use my deposit as a bonus. At a rough count, I've lost £8,000 since 1995 to LL's. A nice LL would be...different! :confused:

 

If the courts are looking to pull away from this, I'll go have a chat with a lawyer first.

 

Ta!

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I'm sick of landlords because this is now the 5th tenancy I've had where a LL seems to think they can use my deposit as a bonus. At a rough count, I've lost £8,000 since 1995 to LL's. A nice LL would be...different! :confused:

 

This is why the Deposit Protection Scheme was introduced. Unfortunately, the legal drafting is appalling and this has led to some ambiguities which can be interpreted differently by different judges.

 

If the courts are looking to pull away from this, I'll go have a chat with a lawyer first.

 

Make sure it is a lawyer who knows about landlord/tenant law. Some generalists don't know what they are talking about. Best of luck!


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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