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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Is it possible to retrospectively file a complaint to court

Customer Question

Hi is it possible to retrospectively file a complaint to court for a previous landlord who breached several legal and compliance issues? Eg not protecting a deposit, no gas safety checks, no energy efficiency Cerys etc?
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.
Thank you for the question. It is my pleasure to help you with this today. Please bear with me if I ask for more information.
What do you mean by “retrospectively”. After you vacated the property?
How long ago did you vacate?
Customer: replied 1 year ago.
2 years ago.
Expert:  Stuart J replied 1 year ago.
The law has changed in this respect numerous times the current situation is that the courts are making discretionary awards of up to 3 times the deposit if the landlord has returned the deposit and has consistently failed to protect it.
It started whereby once you had vacated the property, you no longer have the right to get the compensation although you still had the right to sue within 6 years to get the return of any deposit you haven’t had back.
Then it went the other way could get it back after the end of the term.
Now there is probably the best compromise and that is the court is exercising discretion.
It is most unlikely of the court is going to have much sympathy with you after 2 years therefore is not an application that I would be rushing to court with. Bear in mind also that these cases are not small claims the view lose you could face considerable legal costs

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