scara **Landlord paid up**

[scara]

Hello All

I have a dispute with my former Landlord

where I had been renting on an Assured Shorthold Tenancy basis for the past 8 years and 5 months (from April 6 2005 to September 5 2013).

 

The dispute has arisen since I moved out, due to my deposit of £1000 being refunded less a deduction of £102.50

as the Landlord has claimed I caused damage to the Bathroom basin, which I dispute as

 

when I moved in there was already damage in the basin which was highlighted in a tenants inventory at the time we moved in.

 

The Landlord has via an email on September 4, 2013 written the following:

"If you feel it is unfair then you obviously have the right to apply to the courts for an application against the landlord/ourselves for unfairly withholding your deposit."

 

This situation is further complicated by the fact that the Landlord never registered my deposit with any of the Government backed tenancy deposit schemes.

 

His belief is because my last lease, (which ran from December 6 2006 until June 5, 2007 where it lapsed to a periodic tenancy until I moved out on September 5 2013)

began before the tenancy deposit rules came into effect that he was not obliged to protect the deposit.

 

I have since spoken on several occasions to to shelter.org about this situation,

who have advised me that I have a case against the Landlord for not protecting my deposit based on the case of Superstrike Ltd. vs Rodrigues 2013.

 

In this scenario do I have a case to make a claim in the small claims court for the return of my full deposit and compensation of up to 3 times the deposit for compensation due to non protection of the deposit, and if so can someone point me in the right direction?

 

Each time I spoke to shelter.org it was with a different adviser and I got a differing perspective

e.g. on the last call I was advised to send the Landlord an N208 form which had not been mentioned the previous times I had spoken to them

and from what I have read on this forum where an N208 is required the small claims track cannot be used.

 

I have read the various posts/sticky regarding TDS claims but my particular scenario seems to be unique and most of what I read seems to from several years ago.

 

Apologies for the long winded post as I have tried to be accurate and include all the facts. Any advice would be most appreciated.

 

Regards Scara

[mariner51]

I do not know the case cited by Shelter but I can advise that an action for non-protection cannot be brought via SCC, only multi-track, which will cost you ~£1000 in up front fees and shouldl be assessed on case law pertaining in June 2007.

 

For £120 I would send LL a Letter before Action, with copy of move-in inventory showing damage to hand-basin. If that does not persuade him to refund then sue in SCC for return of full deposit only (~£100 fee, payable by LL when you win).

[Steve__M]

A quick reading of the case it seems that a tenancy that lapses into a periodic tenancy is counted as a new tenancy. Under the new tenancy the deposit is regarded as being paid and received again.

 

http://www.bailii.org/ew/cases/EWCA/Civ/2013/669.html

 

Therefore, while your original tenancy began before the provisions of the 2004 Act, your periodic tenancy began *after* the provisions of the 2004 act (which started from April 2007 IIRC???) so the periodic tenancy fell under the requirement of the 2004 Act once it was amended by the Localism Act.

 

The LL may not know this, so explain it to him in simple terms. He may not know that it can be complicated to bring a claim, and may be persuaded to cough up the £102 to avoid the risk.

[scara]

Thanks Mariner51 and Steve_M for the prompt replies and useful info. It's a bit disappointing that I cannot pursue the action for non-protection in the SCC as I feel it would be too risky to have expensive legal fees on the multi-track, however before proceeding I will see if there are any solicitors who would be willing to take my case on a no win no fee basis as I would then be taking away the risk of high legal fees. What are your thoughts on this option? Thanks again. Scara

[scara]

For anyone interested I have found a lawyer willing to take my case on a no win no fee basis so I will let him take on the case. I will post back when there is a result.

Scara

[scara]

Finally some news, my solicitor has sent me a letter saying that my former Landlord's solicitors have offered to pay me "£1000 in full and final settlement of my claim". They have also offered to pay my legal costs in addition to that. This offer has been put forward as an official "Part 36 Offer". I have been advised to accept this offer or try to negotiate a higher amount by countering their offer with my own of £2000, which carries the risk that the original offer could be withdrawn. At this point I am considering whether to counter their offer or accept the £1000 but I am a bit confused as to how they would pay my legal costs when I have a conditional fee agreement with my lawyer who will take 34% of what I am awarded as per the no win no fee scenario. Does paying my legal costs mean they would pay the 34% that my lawyer would take from my award?

[Herilsamika]

Scara that is brilliant news that you received an offer! If you

 

I am in the same boat as you with my deposit. My tenancy started in 2006 and to this date I have never had any information on where my deposit is held by the landlord!

 

If you received that offer, it means the LL was more than likely advised that he would lose a claim brought by you - some good news for you, especially in light of the fact that the washbasin's poor condition was actually noted in the inventory!

[scara]

I had decided to have my lawyer reject their offer for £1000 and request £2000.

 

Today I have been notified that the former LL has offered £1500 plus my legal fees which as I understand it means I will receive the full £1500 and they will pay my lawyer her fees as well. I think I will accept this offer as going through the courts to try and push for the maximum penalty of 3x my deposit (£3000 in this case) seems a bit risky.

 

I have posted this in the hope that my experience may help someone or at least give encouragement for someone in a similar position to fight for what's fair.

 

Good luck Herilsamika I hope your case goes well for you. Thanks to all who posted.

 

Cheers Scara

[Steve__M]

Great news!

 

Could the site team rename this thread something like "Won!: Tenancy deposit protection dispute" I'll send a message to them.

[silverfox1961]

Hi

Once the money is in your bank, we can alter the thread title. No point being premature as yet.

 

Well done for sticking to your guns scara

[scara]

Thanks guys.

 

I will post back once I receive the money.

[scara]

Thanks guys.

 

I will post back once I receive the money.

 

Finally the £1500 has gone into my bank account. For anyone in this situation don't give up. Maybe chase up the lawyers more than I did.

Thanks to all who posted for the advice and encouragement.

 

Scara

[speedfreek]

Bookmarking this thread!

 

Congratulations I've got exactly this to attempt soon.

 

Just had a possession claim withdrawn against me using the following argument in my defense.

 

For Superstrike it's

 

section 213 Housing Act 2004 creates the new periodic tenancy

 

Section 21 falls foul of s215(1) which I think is the 14 day protection rule.

 

 

If tenancy is still in place after 06/04/2012 it also falls foul of Article 16 Localism Act 2011 - i.e. the 30 day protection rule

[silverfox1961]

Finally the £1500 has gone into my bank account. For anyone in this situation don't give up. Maybe chase up the lawyers more than I did.

Thanks to all who posted for the advice and encouragement.

 

Scara

 

Well done. I will change the title of this thread to show a result.