Porters Avenue 1:12 Sat Oct 4
Who legal experts
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Morning all. I am coming to the end of a tenancy, mainly because my landlord is a bit of a wanker. I have been informed that he didn't protect my £850 deposit within 30 days of the start of my tenancy which was in April. He actually deposited it to the DPS on the 18th of July which I am told is illegal. I guess he will turn round and say he didn't receive it from me until then BUT on the tenancy agreement which we have both signed it is dated that the deposit was received on the day I moved in. 2nd of April. So I don't really think he has a leg to stand on.
My question is, I can't really afford a solicitor so how. Would I go about claiming what I'm told can be up to 3x the deposit amount.
Thanks in advance.
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Replies - Newest Posts First ( Show In Chronological Order)
SilverSurfer
11:06 Sat Oct 4
Re: Who legal experts
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strangers on a train?
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Son of Anarchy
10:46 Sat Oct 4
Re: Who legal experts
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Porters...
I had this with my old landlady.
Shes was a and dare say still is a cunt, didnt do repairs. Had all her mail delivered to the place, showed up whenever she felt like it...just letting herself in etc despite me telling her legally she couldnt do that and had to give 24 hours notice if she wanted to show up.
So a long standing repair didnt get done, 4 months from memory...so i withheld rent, then she says she wants me out by the end of that week.
At the time id lived outside the uk for a few years so Not knowing where i stood i contacted Wandsworth council who gave me a website to check to see if my deposit had been protected in a government account, i had no idea of this law so checked it out.
She hadnt done so, i called the council back they told me if i wanted to persure the case i could sue here for up to 6 times then deposit and stay there while the case went through.
I was also told if she arrives at the property to call the police.
I mentioned all of this to her and she said i was lying, no such law exists then she called an hour later (no doubt after a quick google search) as nice as pie arranging to get the repair done and offered me a months free rent.
Worked for me as i was moving to america, shes someone elses problem now..i couldnt sue her anyway as i was moving away but it got my money back and ive never seen anyone back track and change their tune so fast.
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penners28
10:09 Sat Oct 4
Re: Who legal experts
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My front lawn is currently dug up due to an electrical fault. People have said to me "compo, compo?!"
And I'm like...for what? What loses have I suffered from them digging it up? Yeah it's an inconvenience, but I havnt had to pay to park elsewhere for example. They havnt destroyed any flower beds or anything as I don't have any.
This is a bit like this. Yeah he might have fucked up, but you havnt actually lost anything.
Without sounding like I'm having a pop, you seen to be exactly what is wrong with the whole compo culture in this country. You havnt actually lost anything so what grounds do you have to get any money from him?
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BigLump
9:49 Sat Oct 4
Re: Who legal experts
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cockney, you can laugh - but my divorce lawyer charged me wice for the same letter she wrote.
OP sounds like a clean break is your best 'move'
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roltrader
8:41 Sat Oct 4
Re: Who legal experts
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…….you can always rely on a sympathetic response from WHO……...
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Cockney Wideboy
8:37 Sat Oct 4
Re: Who legal experts
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I pressed post twice by mistake. But I did it trying to help you. So that's £790. Sorry. Or is that pretty much what you're trying here....?
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Cockney Wideboy
8:35 Sat Oct 4
Re: Who legal experts
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As per the other posters, I question your ethics here. If the landlord has transgressed the deposit rules and you want to make an example of him, then that's a matter for the relevant authorities isn't it. Or we're you thinking of using this rather tenuous fact to bribe or threaten?
If he's going to cough up your deposit without any hassle then what's the problem? What you DO have is some leverage in case he decides to be an arse about giving you back the full amount. But that's ALL you have. And to be honest it's not a lot of leverage...
You sound a bit opportunistic to be honest. A little bitter that he didn't fix that toilet seat when you wanted him to. Get over it, move on (literally) and use a proper agent next time. You'll pay a bit more, for referencing and admin etc, but your deposit will be safe and properly administered. Or (and I'm assuming here) you don't like the idea of using a proper agent/landlord and paying the associated fees and instead prefer the back door, 'simple' approach. And with that you gets what you pays for.
People make mistakes. It's not as if you're telling us he's done a runner with your deposit is it. You want him to pay through the nose for a very simple admin mistake. Doesn't make you sound like a thoroughly decent chap does it.
We might think differently if you could come back and tell us what he did that was so bad? Turned off the hot water and electricity? Hidden cameras in the khazi? Put pictures of your missus on the loo on the net did he?
This post took 6 minutes to draft. That'll be £395 please.
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Cockney Wideboy
8:35 Sat Oct 4
Re: Who legal experts
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As per the other posters, I question your ethics here. If the landlord has transgressed the deposit rules and you want to make an example of him, then that's a matter for the relevant authorities isn't it. Or we're you thinking of using this rather tenuous fact to bribe or threaten?
If he's going to cough up your deposit without any hassle then what's the problem? What you DO have is some leverage in case he decides to be an arse about giving you back the full amount. But that's ALL you have. And to be honest it's not a lot of leverage...
You sound a bit opportunistic to be honest. A little bitter that he didn't fix that toilet seat when you wanted him to. Get over it, move on (literally) and use a proper agent next time. You'll pay a bit more, for referencing and admin etc, but your deposit will be safe and properly administered. Or (and I'm assuming here) you don't like the idea of using a proper agent/landlord and paying the associated fees and instead prefer the back door, 'simple' approach. And with that you gets what you pays for.
People make mistakes. It's not as if you're telling us he's done a runner with your deposit is it. You want him to pay through the nose for a very simple admin mistake. Doesn't make you sound like a thoroughly decent chap does it.
We might think differently if you could come back and tell us what he did that was so bad? Turned off the hot water and electricity? Hidden cameras in the khazi? Put pictures of your missus on the loo on the net did he?
This post took 6 minutes to draft. That'll be £395 please.
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wrighty
8:15 Sat Oct 4
Re: Who legal experts
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Landlord doesn't seem to have done too much wrong here. Unless you explain how much of a cunt he's been this all makes you sound like a bit of a cunt yourself really. I get that you're out of work and need the money but this doesn't really sound like the right thing to do.
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,
7:45 Sat Oct 4
Re: Who legal experts
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In law it's your loss that you will get awarded.
Quantify your "losses" and claim for that amount.
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On The Ball
7:40 Sat Oct 4
Re: Who legal experts
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As long as he repays your deposit, does anything else matter?
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penners28
7:12 Sat Oct 4
Re: Who legal experts
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You can make a claim through moneyclaimonline.
Think its roughly £50. Most times you dont recover costs as the value is less than 10k.
You can claim 8% + boe base rate in interest, plus £40 compensation if the amount owed is below £999.
From reading the op though i think this is a bit of a frivolous claim, and the judge may even chuck it out. What financial loss have you suffered from him doing what he has done? Or not done?
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joe royal
6:54 Sat Oct 4
Re: Who legal experts
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Lost Intrest when he put lol in an answer
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Annony
1:59 Sat Oct 4
Re: Who legal experts
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My question is, I can't really afford a solicitor so how. Would I go about claiming what I'm told can be up to 3x the deposit amount.
You don't need a solicitor, you can represent yourself through the small claims court, but it will still cost you more than what you can claim imho.
You would only be able to claim compensation for the loss you have incurred being the amount of interest on £850 for the approx 14 weeks it was in the landlords interest account.
At a decent 3% interest rate per annum you would be able to claim £6.86 interest.
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Spandex Sidney
1:57 Sat Oct 4
Re: Who legal experts
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If he has broken the law of the land then go and see the police.
He will tell him to fuck off too, he pays his money and the landlord gives him somewhere to live, that's a contract in UK law.
So what if he's a cunt? He's paying for somewhere to live, not for a mate.
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Justin R
1:55 Sat Oct 4
Re: Who legal experts
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The OP is correct, that is the Law.
The Landlord should have known it, and abided by it.
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Spandex Sidney
1:49 Sat Oct 4
Re: Who legal experts
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Plus if you actually have a case a solicitor will take it on a no win no fee basis.
If they won't take it then you have no case, they only take on legitimate cases not speculative shots in the dark from greedy wankers.
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Spandex Sidney
1:48 Sat Oct 4
Re: Who legal experts
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I still do not understand why you think you are entitled to three times the amount you gave him? Is it compo for him being a git?
You give him the sovs, he's gives it back assuming you leave it as you got it.
Okay he was late but there is no explanation here why you think you are entitled to do him for 2 months rent?
Or are you just an 'expect something for nothing' merchant with a massively misguided sense of your own entitlement? In which case I hope he stiffs you for the lot.
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Sandon SandIRON
1:47 Sat Oct 4
Re: Who legal experts
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Just how much interest do you think this landlord banked over the three months he didn't deposit it with the DPS?
Why not take your money back and then ask for the 67p interest he would have stolen from you?
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Alex G
1:37 Sat Oct 4
Re: Who legal experts
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What did he do to you that was so terrible?
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Porters Avenue
1:35 Sat Oct 4
Re: Who legal experts
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If only you knew what he'd done to me lol. You would be looking for any loophole you could if you were me and tbf I actually have a case
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