Security Deposit Not Lodged, Active Tenancy

[gs1980]

hello!

I have tried to exhaustively review this subject and establish what my best course of action is. It appears that the vast majority of the debated deposit issues on this forum and others is when people realise the deposit hasn't been lodged AFTER the tenancy has ended.

 

Two months into my current tenancy and I have just received e-mail confirmation from all three schemes that there is no deposit lodged with any of them for the address (I never received any information for the deposit from the LL/agent but the proposed scheme was named in the TA). The landlord is a real piece of work, dishonourable, unreasonable and regularly acting in bad faith and being way out of line in ways unrelated to this deposit matter (which I will definitely be looking to pursue in the courts separately, seems best to do after the tenancy has ended).

 

So to summarise the situation: active tenancy, confirmation from all schemes that the deposit isn't lodged, no information given, well over the 14 days (albeit seemingly voided period of time), it's over the 30 days which is the proposed amendment to the law (if it's the proposed amendment, it must then have been deemed to be the reasonable length of time?!) - do I just proceed with filing N208 and accompanying documents at the nearest county court?

 

Does history of conduct/character ever come into consideration here? I would very much argue that given how the LL has been overall in my dealings with him, that he has purposefully not lodged the deposit under the assumption that given the apparent precedent set by courts in recent years, the deposit laws are basically invalid thus his not lodging the deposit is a win-win no lose possible scenario.

 

I was thinking of claiming for the deposit to be lodged, 3x deposit awarded, all court & filing fees; can anything else be reasonably claimed on the N208 in this matter?

 

 

I very much appreciate all advice in advance, thank you.

[R J Dearden]

Have you written to the landlord requesting that your deposit be put into one of the 3 govt backed schemes within a reasonable time frame and failure to do so will result in possible action? Courts like to see that attempts to rectify matters were taken prior to action.

[Steve__M]

In theory you can apply to the court as you state, and if the deposit remains unprotected when the court hearing is held you should win the penalty. If the deposit is protected before the court hearing you may not win and you may not get back any or all of your costs.

 

One benefit you currently have is that the LL cannot issue you with a Section 21 notice until the deposit is protected, so theoretically as long as you don't breach your contract you can stay as long as you like.

[gs1980]

R J Dearden,

 

No I have not written specifically requesting this.

 

The LL has done less than minimum performance of duties and it has, aside from this deposit matter, considerably negatively affected me - I completely appreciate the idea of attempting to rectify the matter in the event that the landlord has made a reasonable mistake but on the other hand I cannot reasonably be expected to do all the LL's work and thinking for him ?

 

I 'agree' with the merit of doing what you describe but with regards to this specific situation, if it plays any actual role in the decision of the court, that does seem sort of wrong/odd to me. Am I being unreasonable?

 

 

Steve__M,

 

Having such a LL certainly does not inspire the will to stay longer than necessary at the property!

Otherwise, I was aware that your post details the standard view on the matter as it currently stands. I however did not want to wait until April when the proposed changes are supposed to be implemented, as I had come to learn that filing these proceedings seem best done whilst actively in the tenancy and I cannot guarantee I will not have moved by the time any court hearing will be booked following a suit filed in April.

[Steve__M]

I suppose an alternative is that in the last month or so of the tenancy, a polite letter to request that LL uses the unprotected deposit as rent could be a possibility...

[The Carpet Cleaners]

Steve_M has just suggested the same as I would have suggested, after all the desired solution is to get back the deposit, so if it is used for the last months rent, you will get it back.