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Frinkz

Another deposit not protected, okay to accept + sue later?

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Hi everyone, I know this place is littered with these cases, and I've read through plenty of them.

 

 

My LL is awefull, violent, aggressive and threatening. He lets to students like myself, and exploits their short term tenancies by making people put up with things, and what he believes to be our naivity towards tenants rights.

 

He is currently being prosecuted for letting us an unlicensed HMO, and in the words of the local council, it will take a miracle for him to get away without it. And they have advised us on exactly how we can claim our rent back.

 

We all paid deposits of £300 at the start of tenanacy. We never received any certificates or letters from any schemes - even though the LL told us they were protected.

 

We are due to move out at the end of the month. He has already mentioned several things which he wants to take money away from the deposits for, almost all I myself would class as general wear and tear (scuff mark on the laminate flooring, scratches that catch the light on the kitchen sink).

 

I have double checked with all 3 deposit protection schemes, and none have heard of my LL (who lets out over 20 properties) or my property.

 

I know I can apply to the county court to have the deposit returned in full, and 3x the amount awarded in compensation. My question is, when the LL comes around next week to return our partial deposits - if I just verbally accept what he offers me, and take a cheque for only part of my deposit, can I still take this to the county court to claim the remaining deposit + compensation? Or is my acceptance of his cheque basically my agreement that he can take what he wants?

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If he hasn't deposited the money in one of the schemes, i would imagine you can take what is offered, and sue him for the rest - the compensation part (3x deposit value) is separate to what you sue him for, IIRC.


fix (vb.):

1. to paper over, obscure, hide from public view;

2. to work around, in a way that produces unintended consequences that are worse than the original problem.

Usage: "Vista fixes many of the shortcomings of Windows XP".

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Frinkz, sorry to hear about your landlord. However there maybe some good news for you, never mind your deposit! :D

 

As your landlord is being prosecuted for operating an unlicensed hmo, please keep in contact with the council. If he is found guilty of the offence, you can applly to whats called the Residential Property Tribunal to have all the rent you paid back to you by the landlord. Its called a Rent Repayment Order.

 

Depending on the time you lived/rented the property the landlord has to pay you back the money. The council should back you up with the conviction details and the court can give you a reference of the offence. The landlord has to be guilty though.

 

You can only claim back up to a maximum of 12 months, if you still know the other occupants you can all apply together. Its fairly easy to do. I attach a link for the relevant information.

 

http://www.communities.gov.uk/documents/housing/pdf/156630.pdf

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Thanks Jessop. We're well aware, and are actually the ones who 'dobbed him in' :)

 

The investigators at the council have been very helpful, and he's already been down for an interview, and been given a court date in a few weeks time. In their own words, he'll need a miracle to not be found guilty, and we're all ready to send off those forms!

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Just remember that having a judgement against him does not necessarily mean he will pay up - you may have a job to get your money back, from whichever source the award is made!!

 

While you are doing your homework, look into ways of getting your money, should it be awarded in case he doesn't pay. There are all sorts of ways (attachment of earnings, bankruptcy petition) and it pays to find them out. Also, make sure you know his address...


Kentish Lass

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

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I read somewhere that if it isn't paid within 6 months, you can claim it from the council/government/something, and for him it becomes a debt to the council/government/something.

 

That sound true?

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No!

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