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 - In Chronological Order ( Show Newest Messages First)
Justin R
1:18 Sat Oct 4
Re: Who legal experts
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You'd go about it by reading the CAB and Shelter websites.
As a matter of interest, when did he actually receive the money from you? It isn't clear.
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Sandon SandIRON
1:20 Sat Oct 4
Re: Who legal experts
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I'm not sure of the question. I think you are saying that your deposit is protected so you will get back your money but you are looking for 3 times this amount because of some poor time keeping that didn't effect you in any way. Is that correct?
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roltrader
1:21 Sat Oct 4
Re: Who legal experts
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Sandon SandIRON 1:20 Sat Oct 4
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Animal
1:22 Sat Oct 4
Re: Who legal experts
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I'd suggest taking what is owed to you and not being greedy.
Unless I've misread it and he hasn't given your deposit back?
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Porters Avenue
1:23 Sat Oct 4
Re: Who legal experts
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No, as the norm you pay the first months rent and deposit the day you move in..which I did. But he didn't protect it under the deposit protection scheme until July when by law you have to protect a tenants deposit within 30 days. This is so that the landlord cannot bank it and claim any interest on it etc etc.
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roltrader
1:25 Sat Oct 4
Re: Who legal experts
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..no it's not, it's so the landlord can't do a runner with it and you have the right to reclaim the return if the terms of the leasehold have been satisfied
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roltrader
1:27 Sat Oct 4
Re: Who legal experts
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is he going to return your original deposit?
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Porters Avenue
1:28 Sat Oct 4
Re: Who legal experts
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Roll trader that is the remit of a deposit yes, but honestly by law the landlord has to submit a tenants deposit to a scheme within 30 days. I did not know this myself until yesterday.
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roltrader
1:32 Sat Oct 4
Re: Who legal experts
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…so you are attempting to screw over your landlord on a legal technicality, despite the fact he did protect your deposit and is willing to return it in full??
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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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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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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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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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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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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
1:57 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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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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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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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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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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