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

[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.

[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

[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).

[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?

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.