Under contract law you have 6 years to bring a claim.
If the landlord failed to register your deposit you can bring an action against the landlord for an award of between 1 to 3 times the value of the deposit.
As to the return of the original deposit, you can claim for this to be returned as well.
Do you have any questions or queries? I am happy to assist further?
If the claim is for the deposit, you are entitled to its return regardless of how the tenancy ended. This is because the landlord failed to register it with a deposit scheme.
If the landlord counterclaimed for the rent, your defence is that you both mutually agreed to end the tenancy (do you have anything in writing confirming this??).
Before court action, you need to send a letter before action. Send by normal and recorded delivery. Give your landlord 14 days to refund the deposit.
If the landlord fails to respond and/or refund the deposit you can then apply to the court.
Be aware that you may have to pay your landlord's costs if you lose the case.
Apply to your local county court using form N208. You can download this form, Google n208 hm courts and Tribunal Service.
If you prefer, you can pick up a form at your local county court.
If you need guidance in completing the form, Google form n208A hm courts and Tribunal Service.
You have to pay a court fee of £308 to start your claim, but can claim it back from your landlord if you win your case. You lose the court fee if you don't win.
You can apply for a fee reduction or exemption if you claim certain benefits or have a low income.
You need to provide the court with documents, attach copies of all the relevant documents to your claim form, such as:
You can also make a claim for interest from the date your deposit should have been returned. You must ask for this on your claim form. The court rate is 8%.
In your letter before action, you will state that if the landlord fails to pay the deposit within the 14 day period you will go to court. As part of your claim, you will claim 8% interest and claim the court fee of £308. It is in the landlord's interest to refund the deposit.
If the landlord refunds the deposit you can still claim the compensation.
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