Deposit paid late to TDS. Can we claim?

[LadyEarth]

Our landlord didn't put our deposit into a TDS when we began our AST but did place it into The Dispute Service on 7th November. We had an email including the relevant leaflets on 22nd November (15 days later, minutes after I had written an email to the landlord threatening action).

 

It seems likely (?) that we could have the deposit repaid at the end of the tenancy because he didn't deposit it in good time, (not that I am planning to trash the place! but we have it on good authority that he is a bit slippery about paying deposits back).

 

Do I have a case to go to court? I wonder if I can sue for interest between his receiving the deposit and placing it in the scheme, and also for compensation, (as it was late into the scheme it is not protected).

 

I am normally quite forgiving, (truly!) but this dreadful man has deceived us from the start and i have uprooted my family unneccesarily. If I have a case, how should I proceed?

[raydetinu]

LL has to notify you of protection within 30 days of tenancy starting; if not then you can sue for non-notification.

this is a quite expensive lengthy process through the county court and will cost about £1k up front on fees and services, plus legal representation etc.

Any award would be at the courts discretion, as it is prtected now and you have the information, I doubt you get much compo!

Also if you do start or hint at legal action you risk being served a Section 21 noice for repossession for the end of the end of the contract.