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The situation in brief is that we had paid 1750 pounds in total as deposit. At the end of tenancy, the landlord deducted 750 pounds for garden refurbishment and rent on extra two weeks (which we were told that the two weeks would be free, but we have no written proofs for this). After looking at other posts, I figured that the landlord didn't put a penny into the DPS, and the landlord had never give us a initial inventory to sign for. We also figured out that he probably don't even have one. Under such circumstances, what are the chances to claim the 750 pounds back or partially back?

 

Many thanks for your help

 

If you need any other details, let me know.

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ok, I had some advices from my friends, and compared with some posts in the forum, now I am very confused:

Here are the possible claim ideas:

1. Claim 750 + 1750 x 3 + interest, reason for 1750 x 3 is because non of the deposit had been put into TDS.

2. Claim 750 + 700 x 3 + interest, reason for 750 x 3 is because the landlord had returned 1000 back so they will not come into effect.

3. Let the court decide? (a lazy friend's advice)

 

Which one is the correct one?

 

I guess the answer to this can be help to a lot others who face the same situation that only partial deposit has been returned and the full amount had never been protect by TDS.

 

Many thanks again and again

Edited by johnson8821
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T's can only claim for return of deposit. If they decide to pursue LL for non-protection of deposit, it is for Judge to decide on level of penalty (1 to 3 x deposit), not the Ts.

Also non-protection claim should be allocated to multi-track route (high up front Court fees and exposure to full defence costs if you lose.

If all joint Ts paid toward deposit then IMO all should put their name to a single claim for contested deposit.

 

Have you checked with all 3 DPS schemes for confirmation that deposit was not protected? via address of property & tenancy period

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Thanks for your reply, really appreciated.

 

I have checked and the deposit is not being protected. We have also asked the landlord for the protection, he failed to show us any (have written proof).

 

I am now aware the it is up to Judge to decide how much we get in the end, but in the claim form, how should I put?

 

please see post 3

 

Many thanks

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Your 'lazy friend's' advice is the only one that has any validity, as explained by Mariner above.

 

When did your tenancy end? The advice given is only relevant if the tenancy ended after 6th May 2012.

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Your 'lazy friend's' advice is the only one that has any validity, as explained by Mariner above.

 

When did your tenancy end? The advice given is only relevant if the tenancy ended after 6th May 2012.

 

Thanks for your reply, my tenancy ended after this time.

Does that mean when I make the claim in N208 form ( I suppose?), I make it open claim saying that I don't know how much I should claim for?

or should I put 750 pounds + interest only then?

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Thanks for your reply, my tenancy ended after this time.

Does that mean when I make the claim in N208 form ( I suppose?), I make it open claim saying that I don't know how much I should claim for?

or should I put 750 pounds + interest only then?

 

You claim what you think you can justify. The judge decides whether the justification is adequate.

 

In your position I would claim 750 + interest on the basis that the deductions were not justified, and would note that the deposit was unprotected thereby arising to a potential claim of between 1 and 3 times the deposit.

 

Since the judge decides the "penalty" according to the circumstances, the behaviour of the landlord is relevant. So ideally you have attempted to negotiate with landlord which will have given you evidence of how he has behaved. Eg. you could write to landlord threatening to sue for non-protection unless he returns full deposit, stating that failure to protect deposit has meant you have no recourse to free arbitration and therefore are forced to go to court.

 

I think you would need evidence for why you think you were getting 2 weeks free rent. Landlords don't often give free rent!

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So ideally you have attempted to negotiate with landlord which will have given you evidence of how he has behaved.

 

Thanks for your advices. I have in fact already threatened with non-protection, but he doesn't seem to give a sh** about it, but continuously saying that we don't clean this well, that well, blabla. We have taken pictures of the house and believed that it is in good standard. Since he was not able to give any initial inventory (whether signed or not), this becomes the reason that we want to sue him for our money.

 

 

I think you would need evidence for why you think you were getting 2 weeks free rent. Landlords don't often give free rent!

 

That's a very good point. Clearly we don't have any proof for free rent offer. It was also true that he didn't ask for rent of the two week in the first place. Otherwise, we would consider to not living in there or at least negotiate the rent with him. Does this mean the landlord has more advantage in this part of the story?

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I have seen on the website that there are new corrections to TDS, and understood Lea_HTH and Steve__M , again many thanks and hope this post is helpful to others.

 

Just one more question, is it N1 that I should be using or N208?

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You need to be clear in your claim that you are claiming for the return of your deposit only and not non-protection of the deposit as that would be likely to be allocated to multi track in the county court and if defended could cost quite a bit in fees and there is always a risk.

speak to the court about which form and what is involved with claining for non-protection.

I would seek legal advice if you are going that route.

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