Tenancy Deposit: few quick questions

[wisden123]

Hi,

 

We moved into a property last week. Our deposit was paid on the 9th September, and thus far we've received nothing from our landlord regarding its protection. We visited our local county court yesterday who were, to put it mildly, a bit clueless.

 

The questions I have are:

 

1) We are multiple claimants (i.e. there are 3 of us in the property). The N208 form doesn't seem to accommodate more than one claimant, so what is the procedure? Does each one of us have to fill in a separate N208, and pretty much copy the facts of the case, and submit the three at the same time. Presumably there's still only one fee for submitting the claim?

 

2) With regard to fees, is there anything else, other than the £150 we could have to pay? The court office couldn't seem to understand what I was asking (!). Is a s.214 case liable to an allocation fee and a hearing fee (the latter is £1000, it would seem!).

[kekkiemonster]

I'm just jotting up on all this myself to do a claim, however when you speak to any of the 'Deposit Protection Schemes' they all state they will speak only with the lead tenant or the landlord. Hence I would have thought you should nominate a lead tenant amongst you and this should be the claimant, to reduce confusion?!

[wisden123]

Yes, the thing that is a bit of an issue is Jacklin v Fraser Property Management Ltd, T/a Martin and Co (Bedford), where the judge threw the case out due to only one tenant (of joint tenants) bringing a claim improperly. So I just wanted to clarify how exactly we need to bring a claim as joint tenants 'correctly' (so to speak!).

[Kentish Lass]

Aren't you rather jumping the gun here? You only just moved in having paid the deposit on 9 September, it is now 29 September and you are leaping in to court???

 

Have you contacted your LL or LA and requested whether deposit is protected and the information relating to same. I know they are supposed to supply it within a particular time frame, but I doubt a judge will have much sympathy with your taking this action at this stage. The judge is likely to want to see that some effort was made to negotiate an agreement between the parties before taking the court route (and "wasting the court's time").

 

Also, bear in mind that these 3xdeposit claims are fast tracked now, not small claims, and therefore lay you open to some pretty hefty costs if you lose.

 

Have you sent a letter before action?

 

I give advice to lots of people here with genuine problems in getting their deposits back from landlords, but all I see here is greed.

[wisden123]

Hi, yes sorry should have mentioned we sent a letter on 25th September, to which we haven't had a reply as yet. Mentioned wanting a reply within 7 days on the letter (which obviously aren't up yet), so just looking at what the next step is if we don't receive a reply.

[andrewquinn]

25th Sept... the post does not even go that quick.

[Aviva]

Don't know what it is like where you are but I live in North London and have had to wait 2 weeks before recieving some of my mail because of the strikes.

 

From what I can tell claiming for x3 deposit due to landlord not using TDS before you have moved out is very hit and miss with some Judges stating that as long as the full deposit is protected before the tenant moves out the landlord is not liable to pay the tenant x3.

 

As Kentish Lass says you now have to pay a considerable amount to bring about a claim and could be made to pay your landlords costs as well if you lose so I don't feel that it's worth taking them to court now.

[raydetinu]

Usually all the LL has to do is protect before you go to court and you loose, so watch it!!

[wisden123]

I take issue with the claim we're being 'greed[y]'. Our landlord appears to be mortgaged up to the hilt (13 properties all with mortgages) and 3 previous companies which ended up being wound up (there's also a bit more back-story which I'd rather not go into). I'm grateful for people's advice, but if anyone could address the specific questions I asked I'd be even more grateful!

[raydetinu]

I think it is a very risky strategy you are persueing and may well cost you if you do go to court; thats advice!!

[BSC]

Sorry but this is greed. Just my opinion I know, but at the moment you have suffered no loss and seem to be out to make money off the landlord. You moved in last week and already seem intent to give your landlord grief.