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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3671
Experience:  Solicitors 2 years plus PQE
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On the return of our rental deposit after a 12 month contract,

Customer Question

On the return of our rental deposit after a 12 month contract, we discovered this had not been lodged with one of the government schemes. The landlord attempted to cover this up but eventually admitted our funds of £3500 had not been deposited or covered in any way. We have now been refunded in full, but my concerns are should the landlord have entered bankruptcy (a strong possibility) we would have lost our deposit. I would like to prevent this from happening to anyone else, is there anything I should do?
Kind regards
Ken
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

If the landlord is a commercial landlord or it was an agent that was responsible then you could report them to trading standards - www.tradingstandards.gov.uk/

Furthermore under the Housing Act 2004 S.214 if you were to make a claim against the landlord - technically the court must order the landlord to repay you three times the deposit as a sanction.

In all honesty I would not pursue the court action - it will be time consuming and expensive and there is no guarantee you will get your costs back.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

This tenancy was originally set up through a letting agency and after approximately one week of occupancy I was requested by the agent to allow the deposit to be transferred to the private landlord/property owner for them to lodge with mydeposit.co.uk. Although, during the 12 month tenancy I requested confirmation on a number of occasions no proof was ever provided only assurance it had been deposited. After a long delay, mydeposit.co.uk falsified document and repeated requests, I eventually had the full deposit returned.


 


If under the Housing Act 2004 S.214 the court are obliged to order the landlord to repay three times the deposit, then would this not be the correct course of action?


 


Kind regards


 


Ken

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Certainly it is an option and it is a compensatory scheme for the landlords breach. The only issue I have with it is that there is very little case law concerning the use and application of this section.

If you wanted to proceed I would strongly advise that you used a local solicitor to make the claim to ensure that you did not suffer any adverse cost consequences.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

Could Citizens Advice be of any benefit to me?


 


Kind Regards


 


Ken

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

CAB maybe able to guide you through the nuances of bringing a court claim but they wont be able to legally advise you.

I am only warning that litigation is time consuming and expensive and if you do not follow the procedural rules correctly you can be penalised in costs. It would be worth at least initially consulting a solicitor to see if you can send a solicitor letters and maybe reach a settlement out of court.

Kind regards

AJ