Penalty for failing to protect deposit and small claims cost award

[peeta]

Hi,

My previous landlord had brought a ridiculous money claim against me. I counterclaimed for failing to protect deposit and landlord now wants to settle out of court.

I understand the penalty for failing to protect the deposit is 1-3 times + the deposit itself and what multiple to apply (1 or 3 times) depends on the exact circumstances.

But is there anywhere I can find (some central registry perhaps) what has been the previous awards been for past cases, so that I can assess how much likely I am going to get in my case.

Also, in small claims track, is cost award is made so that I can assess if I will be liable for any of claimants legal costs?

Thanks

[EnglandPi]

What is your landlords claim against you for?

Costs are as a rule not awarded in small claims (there are exceptions) but legal fees are not awarded.

You cannot counterclaim for a monetary value for not using the deposit scheme because you have suffered no loss.

You can however report him to the relevant authorities for failing to use the deposit scheme.

if you lost your deposit that figure is all you can claim for.

[peeta]

thanks for the reply. Are you sure it is only the amount I can claim for? because the citizen advice (link below) mentions upto 3 times.

re cost awards in small claims track, so only legal fees are awarded right, just to be clear?

https://www.citizensadvice.org.uk/ho...deposit-rules/

[ostell]

In small claims court legal fees are normally NOT awarded. Some costs, such as court fees etc are claimable but legal costs no.

[peeta]

ah ok..very clear on the cost award.

How about the potential claim for failing to protect deposit ?

Howard v Dalton gives some info on how to calculate number of breaches and the amount awarded..

is there anywhere else I could do similar research on previous laws?

[EnglandPi]

The citizens advice is referring to compensation.

The Courts dont like awarding compensation in my experience but you can try.

[islandgirl]

You can most definitely claim up to 3 x the deposit

There are two sanctions for failure to comply with s.213, they are:

1. No section 21 notice can be served, and
2. The tenant or relevant person may claim 1-3 times the value of the tenancy deposit.

read some cases here: https://landlordadvice.co.uk/defendi...m-under-s-214/