Deposit advice?

which is what the op wants. what are you arguing about. The tenant gets his deposit back in full, 3x deposit or if a reasonable excuse on why it wasn't put in a scheme in 14days and the judge accepts it was a mistake and the tenancy is still current the landlord can pet it in the scheme and thus the tenant is protected.

What are you arguing and what is bad? It does not matter one iota if the he tells the landlord or not, like you are suggesting. when he applies for the court case, the landlord will find out and can still choose to pay it in full before the hearing. In which case teh Judge MAY not require any other action.

Its about limiting the landlord time to fix the problem, because once the application form goes to court and the landlord deposits the money after that date he has a better chance of winning compared to the landlord getting the TDS before he applies for a court hearing.

Little things like that count a lot in court.
 
Its about limiting the landlord time to fix the problem, because once the application form goes to court and the landlord deposits the money after that date he has a better chance of winning compared to the landlord getting the TDS before he applies for a court hearing.

Little things like that count a lot in court.

It makes NO difference. The tenancy has ended he can not apply for a deposit scheme. even if it was still in tenancy it makes no difference to securing or getting a refund.

It might make a tiny amount of difference for the compensation, but even that does not affect it in cases like this. That would only apply in the first month or two of tenancy.
 
yeh im not fussed about this 3x compensation. Just didnt want to be ripped off getting £200 back from a £850 deposit. Getting £850 back will be perfect!

That is the main point here. Going for x3 through court involves a lot more effort and the possibility that you might not even get it if the LL/Soliciter of his/hers is on the ball with a nice judge.

Now get that letter drafted, his a template to start with that I used (albeit a bit more cut down as we had more to put in there):

Mr/Mrs XXXXXXX


I formally request the return of our deposit totalling £850.00 within the next 10 working days.

Please send over all issued documentation from the relevant deposit company for the £850 deposit paid in within 14 days of its (meh is it the correct its:confused:) initial receipt.


Regards,

XXX
 
theres your court one

The Claimant claims under section 214(1)(a) of the Housing Act 2004 that the deposit of £_____ required by the tenancy agreement dated [date] in respect of the premises at [address] made between the Claimant and the Defendant was not paid into an appropriate tenancy deposit scheme (in breach of section 213(1) of the Housing Act 2004), or that the Claimant did not receive the prescribed information concerning which Tenancy Deposit Scheme was holding the deposit within 14 days of the Defendant's receipt of the deposit (in breach of section 213(3) of the Housing Act 2004).

And the Claimant asks that the court make an order:

1. That the person who appears to the court to be holding the deposit do repay it to the Claimant, in accordance with section 214(3) of the Housing Act 2004.

2. That the Defendant do pay to the Claimant, within 14 days of the making of the order, a sum of money equal to three times the amount of the deposit, in accordance with section 214(4) of the Housing Act 2004.

3. The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date deposit should have been returned] to [date court claim submitted] of £______ [worked out using the court's interest rate calculator on their website], and interest at the same rate up to the date of judgment or earlier payment at a daily rate of £_______ [worked out using the court's interest rate calculator on their website].
The Claimant is therefore seeking payment of £______ [four times the amount of the Deposit], plus the court fee and interest.
 
That is the main point here. Going for x3 through court involves a lot more effort and the possibility that you might not even get it if the LL/Soliciter of his/hers is on the ball with a nice judge.

Now get that letter drafted, his a template to start with that I used (albeit a bit more cut down as we had more to put in there):

Its about covering yourself from different angles.
 
Right, just an update.

Gonna go into the estate agent tomorrow. We cant find our tenancy agreement! Nightmare! Might find it tho as my flatmate is looking for it.

What should i say when i go in, should i ask for a copy of the tenancy agreement? Can they withhold it?

Shall i then ask for all relevant documentation regarding the deposit scheme?
 
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