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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20351
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hello, my question relates to the Tenancy Deposit Scheme. Due

Resolved Question:

Hello,

my question relates to the Tenancy Deposit Scheme.

Due to Ovarian Cancer IIIc I moved closer to my mother in June 2010. As my income was reduced to ESA, I was still able to find a tenancy with a private landlord with was dealt with by a letting agency. In early 2012, the landlord basically 'fired' the agency and took over the tenancy herself. I got my deposit back from the TDP via the agency but due to the change in circumstances, the housing allowance temporarily stopped. However, my landlord quite rightly still demanded the rent. I made her aware of the temporary issue and told her I have only the money of the deposit in my account at this time. She said I could use that and pay the deposit at a later time.

As time moved on, I must admit I never remembered paying the deposit back to her. When she gave me an incorrect S21 notice in April 2013, she reminded me of that. I made the deposit a couple of weeks later. However, since the S21 notice was incorrect, she had to serve me with another one, which she did start of June 2013.

I don't want to be a pain to her, in fact I just want to live peacefully in my new property but now she is making several claims of damages to the house which she would like to take out of my deposit. Those damages were due to severe weather, damage on the roof to be precise, and the landlord had refused or stalled repairs until I asked for help from my local council in February this year. Which was swiftly followed by the first and incorrect S21 notice.

Anyhow, she has now informed that she has not protected the deposit due to my late payment and have therefore no way of disputing any claims as far as I am aware.

I am sorry for the quite long explanation but could you please assist me and advice on what my options could be please?

Thank you very much in advance!
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this

What would you like to know about this?
Customer: replied 1 year ago.

She is claiming that she didn't have to protect my deposit since she was only holding it since April/May 2013. Is this correct or do I have other options of getting my deposit back?

Expert:  Jo C. replied 1 year ago.
Sorry but I'm not sure I understand why she is saying that? What reason does she give?
Customer: replied 1 year ago.

Frankly, I do not understand any of her reasoning. Ever since February this year, most of the communication between us has been done via the local council, South Tyneside Homes and Homefinder.


 


Her text message just says: 'If you remember we didn't have the deposit as you used it as a rent payment you couldn't make and didn't pay it until this year. We have bank statements and copies.'


 


I transferred the deposit on 15 Apr 13 via FPO, my moving out date is today and I am already living at my new property.

Expert:  Stuart J replied 1 year ago.




I have
been asked to look at this for you.

I
cannot understand her reasoning either. She has deposit it into a scheme within
14 days.



If it
is not in the scheme, you can sue her for three times the deposit which is the
statutory compensation for failing protect in a recognised scheme. The you have
to do issue proceedings before the deposit is protected in the scheme and there
is case law that says, if she protect the late, provided it is before you issue
proceedings, then you will lose the right to compensation.



I
cannot imagine by what stretch of any vivid imagination in her tiny mind you
are responsible for repairs to the roof! I cannot also imagine why she thinks
the council should pay for this.



I
assume that she still has your deposit and will not return it which case, as
you cannot file a dispute with the deposit scheme, I would simply issue small
claims court proceedings for three times the deposit and let the courts decide
the matter. You can issue small claims court proceedings quite easily here www.moneyclaim.gov.uk



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that answer the question? Can I help further? Can I answer any specific points?



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Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20351
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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