LL did not protect deposit for just under 4-years: What is my way forward please?

[Tigs]

LL did not protect deposit- what is my way forward please?
I am hopingthat fellow Forum members might be able to help with suggestions on a wayforward please.

I am seeking advice on an approach

I was on an Assured Shorthold Tenancy (AST) agreement of 6 months’ duration which became a periodic agreement following its expiry back in January 2012. My deposit was never protected. As I had a reasonably amicable working relationship with the LL, I thought bringing up this topic with her might be'rocking the boat'. However, in the time that I have been here, a pattern has emerged of protracted & unreasonable delays in carrying out essential repairs, culminating in the most recent episode where I have gone for 4-weeks with no heating from the time the boiler was condemned as unsafe. Despite polite e-mails & texts to the LL, I have only received a solitary response saying that she is dealing with the issue. In desperation, I contacted the local council who were sympathetic, and promised to send an e-mail to the LL,as well as call to the property to carry out an inspection. The disrespectfulness on the part of the LL has been palpable. I now wish to follow through with the deposit issue.

Has anyone been down this route, and can anyone share some insights and approaches please?

I would be grateful for any feedback, advice, guidance or suggestions. I am happy to respond to any queries in case there are aspects which are not clear.I thank you all in advance.

[CLL1]

Re: LL did not protect deposit for just under 4-years: What is my way forward please?

Do you mean to say you'd like assistance in pursuing a court claim?

If so, ultimately you will use the part 8 route and sue your landlord for 3 times the amount of the deposit, in breach of s214 Housing Act 2004.

You'll first want to send a formal letter demanding payment of 3 x amount of deposit within 14 days, failing which proceedings will be issued.

Lots of resources if you Google this topic, so come back here if you get stuck. I've issued quite a lot of these for clients.

[Tigs]

Re: LL did not protect deposit for just under 4-years: What is my way forward please?

CLL1 I thank you very much for taking the trouble to provide me with this helpful steer. I came here because I didn't find resources which are directed at actually taking action as you have pointed out. This might be partly because I was using the wrong combination of words or something to that effect. I will take some time tomorrow to do some research. I have already sent the LL a letter giving her 14-days to protect the deposit, failing which I would seek legal recourse. The clock is currently ticking on the 14-days which I stipulated in my letter to the LL.

Sorry CLL1 could you please clarify for me what you mean by the 'Section 8 route...'. Please excuse my ignorance.

Many thanks once again CLL1. I might take you up on your offer for help if I get stuck.

[CLL1]

Re: LL did not protect deposit for just under 4-years: What is my way forward please?

Yes, sorry. There are, broadly speaking, two routes available to sue someone. Part 7, and Part 8 (of the Civil Procedure Rules). With these claims, you are told to use Part 8, because there is a very clear right to sue (or rather, it's clear you're entitled to what you're suing for), the only question is how much you are entitled to (1, 2, or 3 times the amount of the deposit).

[Kati]

Re: LL did not protect deposit for just under 4-years: What is my way forward please?

:bump: for [MENTION=15129]Crazy council[/MENTION] (he should be able to offer advice ) xx

[Crazy council]

Re: LL did not protect deposit for just under 4-years: What is my way forward please?

Hi

The posters before me an here ( [MENTION=80091]CLL1[/MENTION] ) have advised you the right way to act at this stage ( write a letter, detailing all required repairs and requesting the deposit receipt ) . Also, do you think your LL can not afford the required repairs, or just not doing them ( we all have finances to juggle in some way ). Am asking that only to see if there is a way forward, usually in this type of situation, your better off starting to look for a new property.

There are 2 options i think for the LL, immediately pay the deposit back to the tenant, or pay it into a scheme. Its only if these are not done upon notification, that you can take further action.

[CLL1]

Re: LL did not protect deposit for just under 4-years: What is my way forward please?

Hi

The posters before me an here ( [MENTION=80091]CLL1[/MENTION] ) have advised you the right way to act at this stage ( write a letter, detailing all required repairs and requesting the deposit receipt ) . Also, do you think your LL can not afford the required repairs, or just not doing them ( we all have finances to juggle in some way ). Am asking that only to see if there is a way forward, usually in this type of situation, your better off starting to look for a new property.

There are 2 options i think for the LL, immediately pay the deposit back to the tenant, or pay it into a scheme. Its only if these are not done upon notification, that you can take further action.

T can still sue even if deposit returned or protected. The point is, it was never protected within the required timeframe. Deposit must be returned to serve s21 properly, though.

[Tigs]

Re: LL did not protect deposit for just under 4-years: What is my way forward please?

Massive thanks to both CLL1 and Crazy council. I appreciate your views, steer and your time. I sent the LL a recorded letter last Saturday 3 April 2016, a letter (signed for) requesting that the LL deposits my 'deposit' into a scheme within 14-days.

To answer Crazy council's query, yes - the LL can well afford the repairs easily, which are essential in nature, namely, an obsolete boiler which needs replacing, and has since been condemned for potential carbon monoxide (CO) emission. I have been without heating for several weeks since.

I am sorry I forgot to add that I sought advice at the council's housing department and one of their inspectors came over and found other issues that need to be put right by the LL. The council officer then sent an e-mail to the LL (copied to me) giving the LL until 12/04/2016 to resolve the boiler and heating issues.

[Tigs]

Re: LL did not protect deposit for just under 4-years: What is my way forward please?

CLL1, Crazy council and other Forum members - I am seeking for help please with setting out a 'particulars of claim' in relation to 'deposit not protected; deposit not protected within the specified time frame; no prescribed information served on me; disrepair' - I wanted to ask if any Forum members might provide me with some steer or a working framework please.

With many thanks.

[Kati]

Re: LL did not protect deposit for just under 4-years: What is my way forward please?

tagging [MENTION=80091]CLL1[/MENTION] and [MENTION=15129]Crazy council[/MENTION] xx

[Crazy council]

Re: LL did not protect deposit for just under 4-years: What is my way forward please?

Hi

Give your LL this week to respond, and if not, , just start the claim, will help you through the application when u do it

[Tigs]

Re: LL did not protect deposit for just under 4-years: What is my way forward please?

Thank you Crazy council, so very much.

[CLL1]

Re: LL did not protect deposit for just under 4-years: What is my way forward please?

I'm happy to take failing to protect & no PI (prescribed info).

Just need date deposit paid, amount, and to whom (i.e. your landlord or his agent).

[Tigs]

Re: LL did not protect deposit for just under 4-years: What is my way forward please?

Thank you CLL1. I will be looking up all the details you refer to and post them up in the next couple of days.

In the meanwhile, here is the response I have received from the LL today with reference to the 'Letter before Action'
The response arrived by e-mail as follows (copy and pasted below). Is this an appropriate use of the 'Without Prejudice' rules?

WITHOUT PREDIJUCE

I am not prepared to enter into your pettiness…clearly you have a lot of time on your hands hence the longpointless letter. Iwill not be replying to your letter unless there is something else wrong with the house youlive in.

Yours faithfully

[wales01man]

Re: LL did not protect deposit for just under 4-years: What is my way forward please?

Nice LL go for the court case needs taking to task