Court - Non protection of rent deposit-time barred-multiple tenancy-Letter of claim

[Rangers0508]

Hi, Briefly - No win no fee solicitor claiming for 5 agreements - Non protection of rent deposit over 6 years ago.

Was claiming for all 5 tenancy x 3 times the deposit value

I cannot deny the non protection - i dont have any documents that far back.


There were 5 consecutive agreements:

First AST 11.12.17 to 10.06.18 (6 months)

Second AST 11.06.18 to 10.09.18 (3 months)

Third AST 11.09.18 to 10.03.19 (6 months)

Fourth AST 11.03.19 to 10.07.19 (4 months)

Fifth AST 11.07.19 to 16.11.19 (4 months)


I believe the first one is time barred.

Q. is this correct.

Q. What can I you do to fight the other multiple agreements?


I have been given an offer to accept of 4 x deposit plus agreed costs.

Q. What should i do regards this.

I have disputed ever receiving The letter of claim.

I have asked for proof of posting - the claimant solicitor has said there does not need to be one, they frank letters thats all.
He says he sent follow ups to an email address that i do not use - given from the old tenant.
He has not used any tracking of the emails so there is no proof that these emails were read which they were not.

I have a very arrogant email confirming this from the solicitor But dismissing this as to it wont make a difference to the claim.

So my next request is - because of this lack of procedure

Q - can i fight or gain anything because of this.

Has had initial hearing - I now need to write a witness statement aswell for a disposal hearing.

Any help much appreciated.

[atticus]

Are these successive agreements with the same tenant?

Was the deposit the same, or was new/further money paid each time?

What happened after November 2019? Was the deposit returned?

[Rangers0508]

Are these successive agreements with the same tenant?

Was the deposit the same, or was new/further money paid each time?

What happened after November 2019? Was the deposit returned?

Thanks for your reply!

Yes successive agreements.
deposit was the same.
I returned the deposit

[atticus]

Thanks. My reaction is that in the circumstances you describe there should only be the one claim, for which the court can award between one and three times the amount of the deposit as compensation.

But I may be wrong, in which case you face at least 4 claims (I agree that the first one appears to be time-barred).

Setling for 4 x the deposit gives you certainty and finality.

And in future, pay deposits into a recognised protection scheme, as well as making sure you comply with all the other requirements for landlords at the start of an AST.

[Rangers0508]

Thanks for the reply.
Is the solicitor right in saying he does not need proof of sending the claim letter?

Can I use the fact the solicitor says he has no proof of sending the claim letter and he says he sent an email to an old address .

As far as I know he should have used tracking on the email to confirm it had been read.
My feelings are the no win no fee solicitor just wanted to go to court.

Ps I made a part 36 offer for 2 months the amount when I received the court part 8.

Again any direction on these points would help.

[atticus]

Which track has this case been allocated to?

[Rangers0508]

I don’t think it has yet, will that be confirmed at the disposal hearing?

[atticus]

Are you sure? Have another look at the directions orders made by the court.

[Rangers0508]

I have the claim form part 8.
Notice of hearing - which I have had by telephone.
The claimants solicitor made draft directions says witness statement to be in by 17/7/24
The part 8 claim is lsited for disposal hearing for after 17/7/24

I have not had anything from the court regarding date of disposal hearing.

Should it be in any of these?