Deposit protected 3 years late, can I still claim compensation if they retrun the deposit?

[katandlorry]

Hi,

 

Please bare with me, this is my firstpost and I would really appreciate some advice.

 

I moved into my rental property with my husband and 3 kids on 26th April 2010 and paid a deposit to my landlord. We signed a new fixed term AST every six months up until 26th April 2012 when it was switched to a periodic.

 

On the 19th June we received a notice 21 stating the landlord wanted to move back in. We found another property that is perfect for us regarding schools location etc. We had the references and checks back and agreed to move in by end of August. Unfortunately the current tenants have not vacated yet!!! So we contacted the agency to ask the landlord if we could have a little more time other wise we would be homeless with 3 children advised as a good will gesture he would give us an extra week. That would take us up until our rent date ( I have since found out he could not get us out before then anyway!!)

 

3 days later I see the house up on the rental market plus £125 extra per month! I called the agency to advise of my anger and disaapointed and was met with 'well he's in his right to serve a n21 - check it'. So I did, yes he can serve it if he protected my deposit.

 

Called the agency back up asking for the reference number, the landlords response was he would be giving the deposit back 4 weeks before we leave as a good will gesture. Advised that was not what I asked and needed the number, week later I received a number but after checking with DPS it was not for my property!! Called again and was told it would be looked at.

 

This month the day before our rent was due the landlord has hand delivered an amended N21 with a cheque for our deposit. Emailed him and advised I still did not have a protection number, this was hand delivered on the 27th (day after our rent is due) by a very rude landlord who refused to talk to me at all. The protection was taken out on the 25th July 2013. The letter he sent said it was all done in good faith and to help us. But looking at the N21 terms he had to do that.

 

My question is should I still take him to court for the compensation even though he has paid the deposit back??

 

And is the N21 valid if he gives the deposit back on the same day and I have not had chance to ensure it cashes and that the protection confirmation wa not given until the day after???

 

Any help or advice would be great!!

 

FYI - during our time at the property we were never late with the rent and the landlord said he was thrilled(documented on paper) about how we looked after it.

[BRIGADIER2JCS]

Hi welcome to CAG,

 

What are you seeking compensation for, has the problem not been resolved properly??

 

Personally I think court action may well cost you money.

[patrickq1]

I agree with the above whar do you hope to achieve (exclusion being . He did not satisfy dep pro to the letter ) perhaps it is principal that will prove expensive best you put it behind you an call it a day and new beginig

[raydetinu]

The LL has to give two clear months from the receipt of the VALID S21 notice! ( that is just a notice to seek possession, not a notice to quit ).

As he has given you your deposit back, then there is no deposit to protect?

Notice is now valid, but only comes into affect two clear months from a rent period, which would be 25th October 2013.

He cannot take any action until that date, even then it may take a while to get you evicted ( only a court can do that )

You are still liable for the rent through this period.

If you need to leave before this time you have to give LL one months notice from a rent period.

YES you can sue for non-protection, but will require s sum up front with fees etc. and may take some time.