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

[bluezulu]

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

Yes, where a tenancy becomes a SPT a second penalty is due. The Deregulation Act 2015 changed things in so far that if the LL had complied with the regulations for the original tenancy, then there is now no longer a requirement to reprotect and reserve the PI. This does not apply in your case, so there are two failures.

See below for a recent double penalty case - scroll to Akrigg v Pigeon. This was a County Court so not binding, but a precedent, which you could quote.

http://nearlylegal.co.uk/2016/06/cou...ory-tenancies/

Citizens Advice provides some useful information on pursuing the disrepair claim:

https://www.citizensadvice.org.uk/ho...-of-disrepair/

[Tigs]

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

Yes, where a tenancy becomes a SPT a second penalty is due. The Deregulation Act 2015 changed things in so far that if the LL had complied with the regulations for the original tenancy, then there is now no longer a requirement to reprotect and reserve the PI. This does not apply in your case, so there are two failures.

See below for a recent double penalty case - scroll to Akrigg v Pigeon. This was a County Court so not binding, but a precedent, which you could quote.

http://nearlylegal.co.uk/2016/06/cou...ory-tenancies/

Citizens Advice provides some useful information on pursuing the disrepair claim:

https://www.citizensadvice.org.uk/ho...-of-disrepair/

bluezulu - well, what can I say: thank you so very much. I will let you know how I get on - one thing though, I would never have got any way near this far without the help from Forum Members. Thank you once again bluezulu!!!

[Tigs]

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

Report back from the Court:-
Thank you to all Members who contributed to this thread. I would not have got this far, nor would I have had the means to collate a competent case file and present get me to the present position. There are two cases which were rolled into one court sitting: (i) non-protection of deposit; (ii) disrepair (with a counterclaim by the LLs).

Court proceedings
1. The Judge said that the 2-hour allocated for the two matters was not long enough.
2. He asked us to find some commonality between us, and decide an outcome outside of Court. We were asked to go away for an hour.
3. My partner and I found the defendants to be full of bravado, sarcasm and innuendo - despite our best efforts to engage, discussions were inconclusive.
4. We went back to the Judge's Chambers; the Judge said that he will use the remaining time to identify the issues so that he can draft directions.
5. The Judge spent over 1.5 hours going through the case files, and advising the defendants on what they should do. Other than the counterclaim, the defendants had not filed any defence whatsoever.
6. If the case had been heard on the day, the defendants had no defence on record.
7. The Judge gave the defendants generous timescales to file their defence, spelling out exactly how they should approach each item of contention.
8. The Judge was openly hostile to my partner and I, we kept our cool, kept quiet, listened and took notes. He behaved as if we were not there.
9. There is a Notice on the Court Notice Board "Court Staff cannot ......recommend a course of action" - but that's what happened exactly.

In view of the fact that the defendants were given until the end of December 2016 to file a their defence, the cases will not be heard until 2017.

I would welcome and indeed would be grateful for your thoughts and suggestions on this situation, please. I confirm I have been factual with my observations as this is the only way I can expect to be helped in the same way that Members have helped me in the past. I thank you in advance.

[bluezulu]

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

I wouldn't worry about this. I think that the judge just wants to be sure that if there is any defence then it is heard. If he appeared to ignore you it is likely that he thinks your side of things is sound.

The sign refers to the court employees, not the judiciary.

You can't do a lot until you receive their defence, but suggest you start strengthening your case by gathering additional evidence to counter any of their likely claims eg additional witness statements or correspondence.

You did the right thing in keeping your cool!

[Tigs]

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

Thank you bluezulu - I must accept your reasoning and change my own perception. I will use the time left to tighten my case. Many thanks once again bluezulu!