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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 32990
Experience:  award winning lawyer with over 15 years experience
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I have a rather lacklustre pair of landlords who i rent a small

Customer Question

I have a rather lacklustre pair of landlords who i rent a small cottage from. They live next door in a mansion. There is an unbearable atmosphere because I have challenged them about not tending to issues of repair (most caused by damp & poor quality windows), some reported 2 yr ago. I got environmental health out, they sent an order, still took them 5 months to sort it out & they have refused to do some things. Spare bedroom unusable & they refused to compensate me in any way. I want to serve CCJ, also they did not register my deposit (3 yrs ago in moving in), should I do this before I move out?
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas Judge replied 2 years ago.
Yes that makes perfect sense for you to make a small claims court now rather than wait. As you may be aware where a landlord fails to comply with Tenancy Deposit Protection, there are two sanctions: Under Section 21 of Housing Act 1988, a landlord can serve two months' written notice on a tenant in order to terminate a tenancy at the end of a fixed term, or after a fixed term has expired. However, where a landlord fails to comply with Tenancy Deposit Protection, no Section 21 notice may be given in relation to the tenancy until the legislation is complied with.Tenants can make an application to a County Court under the Housing Act 2004 if they believe that their deposit is not being safeguarded, or where they have not been given the prescribed information about the scheme in which the deposit is safeguarded within 30 days of the landlord receiving the deposit.Unable to use Section 21 noticePayment to the tenantWhere the court is satisfied that the landlord has failed to comply with these requirements, or the deposit is not being held in an authorised scheme, the court must either order the landlord to repay the deposit within 14 days of the making of the order, or order the landlord to pay the deposit to the custodial scheme administrator.The court may also order the landlord to pay the tenant up to three times the deposit amount within 14 days of the making of the order. So it is very much worth considering.

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