Tenants Successfull Court Order of £2500 for TDS non-compliance

[GreatTenant]

I just wanted to share my story with you regarding taking my landlady and letting agent to court and WINNING the 3 x penalty and costs and interest!

 

I moved into a furnished rented apartment in Jan 2007 and moved out at the end of November 2009 so it was just shy of a 3 year tenancy. When I moved in, I signed a standard 12 month AST and paid a £575 deposit in good faith to the then Letting Agents, I will call them Letting Agents "A". During summer 2009, my landlady contacted me and told me that Letting Agents "A" had not been paying her my rent and so she had decided to change letting agents. The new Letting Agents "B" wanted to change the lock on my front door and wanted me to sign a new 6 month agreement so I did.

 

I decided to move out in November 2009 mainly due to a very, very uncomfortable cheap "faux" leather sofa that had started to crack and tear due to daily use (as you do with a sofa). A week or so after moving out, Letting Agents "B" contacted me by phone to inform me that I would not be receiving my £575 deposit due to the damage to the sofa. Obviously I had a few words to say about that but the Letting Agents stood their ground and would not give me my deposit back.

 

I investigated matters further and found out about TDS non-compliance. I contacted all 3 schemes and was informed that my deposit was not protected. I contacted my landlady and appealed to her better nature saying that I had been a prefect tenant for 3 years blah, blah, blah but she obviously didnt have a better nature to appeal to and said that I had intentionally damaged the sofa. I dont know about you but being a woman in my late 30's, I often decide to intentionally damage furniture...other peoples at that!! I told the LL that I would take her to court because she failed to protect my deposit and it could cost her "2.5k instead of the original £575, she was very cocky and said that it was Letting Agents "B" responsibility and that it would be them that I would take to court not her, after all thats what she pays them for!

 

Nonetheless, I submitted my court forms against the landlady. It then became apparent that the landlady had raised a third party claim against Letting Agents "B" via her solicitor, basically saying that if what I say is correct about the 3xpenalty law, then Letting Agents "B" should be liable due to the contract the landlady had with them.

 

From the copy documents submitted by the landladys solictor, it was argued that the 3 x penanlty rule didnt apply as the first AST I had signed was in January 2007, 3 months before the new Housing Act rules came into force. It was also argued that the sofa was "leather" and was worth £575 and so had to be replaced and there was no change left for little ole me.

 

I did my research and found out about "betterment". Legally a landlord should not end up, either financially or materially in a better position than he was in at the commencement of the tenancy or than he would have been at the end of the tenancy having allowed for fair wear and tear. It follows therefore (and is an established legal tenet) that a landlord is not entitled to charge his tenants the full cost for having any part of his property, or any fixture or fitting “put back to the condition it was at the start of the tenancy.” This would constitute betterment.

 

When the case finally got to court in August this year (9 months after filing my part 8 claim) the Landlady turned up with her solicitor, the letting agents turned up with their solicitor, i turned up on my own with stacks of evidence showing that the sofa in the apartment was not leather but plastic. I did this through simple internet searches on Buy to Let furniture using the dodgy invoice she had provided me with the sofa name "Dandy" showing. Dandy sofas are all over the internest and are advertsied as "Faux" leather....nuff said!

 

The Judge ordered that the Landlady was attempting betterment and that the 3 x penalty rule did apply because of the replacement AST I had signed earlier that year! But that ultimately, the Letting Agent should pay the 3 x deposit due to their contract with the landlady.

 

The best bit is that just before the court date in August, the Landladys solicitor kindly sent me a copy of their bill, obviously hoping that i would panic at the £2.5k bill and not turn up to court....not likely! Anyway, the Judge ordrered the Letting Agent to pay me £575 x 3 plus my original £575, plus my court costs and interest on the original £575, the Judge also stated that the Landlady must pay her own £2.5k legal bill and NOT the Letting Agent. Needless to say, the Landlady appealed this decsion. I got a letter from the courts last week saying that they would not allow the appeal to continue!! The Landlady had to pay her own £2.5k legal bill and the letting agents had already paid me £2.5k!! WINNER!!

 

Not only did I get recompensed but hopefully the Letting Agent will now ensure all their tenants deposits are protected and the Landlady will now check that the Letting Agents have protected the tenants deposit!

 

Talk about learning the hard way!

[loz]

This is brilliant, well done!

I am weighing up a claim (see my thread) and this is just the sort of inspiration that I need...

 

Cheers,

Loz

[sequenci]

A wonderful story!

[Planner]

Excellent Outcome!!!

 

Well done you.

 

Thank you very much for sharing the outcome with us as well.

[xoAmyox]

Would you mind telling us which court this was in, as judges opinions seem to vary greatly from area to area.

[Surfer01]

Absolutely brilliant. Love it when you hear about a consumer filing a case and winning!

[GreatTenant]

It was in the Manchester Court!

[cirian75]

Nice to know, manchester court must have some clued up judges.

[natalie]

Brilliant news, well done. It is great when they have been awful to you, and then you know they have run up a big legal bill as well. I took the letting agent to court for the same a few years ago, got the 3 x + deposit back.. and the letting agents (a franchise) hired a barrister from Arden chambers in London