Deposit was not protected - is it worth taking it to court?

[Maria14]

I was one of the tenants in a joint tenancy agreement where the landlady asked for a £300 deposit.

The tenancy ended at the end of August and I still cannot get my deposit back. I established it has not been protected by either of the 3 deposit protection schemes. The landlady claims the following charges leaving me with only £129 of my deposit:

 

1. two tenants vacated the propterty a couple of hours later than 12:00 on the day when the contract ended.

( can i mention to her that a landlord does not have a right to regain possession of a property at the end of a fixed-term tenancy under Section 21 of the Housing Act 1988 where a deposit is not being safeguarded )

 

2. mowing the lawn and cutting the overgrown hedging. £500 (!) ( i asked for the receipts for this).

 

3. someone knocked down a stone piller on the garden wall and we did not see who did it. most likely it was a truck or another heavy vehicle by the size of the damage and she apparently wants to reimburse her expenses at our cost. £385.

 

 

The amounts may seem ludicrous (!) and so unfair but I reckon this landlady is such a bitch because we are all students and she thinks she can do this to us.

 

I am thinking of court action if she does not come to senses (so far, she has not responded to my letter but apparently she's one of the greediest landlords ever existed).

 

My strongest line of defense is the absence of my deposit protection, however, am worried what if, even though it is now past 3 months of our tenancy, she may still have a chance to late protect my deposit just before my case comes before a court. I have read that landlords can do this at the last minute and thus escape the 3 times the deposit fine.

 

As a tenant, i dont feel protected at all in this country (am from Sweden) and am totally devastated. Do you think it is still worth taking it to court?

 

THANK YOU whoever replies.

[The Carpet Cleaners]

first of all there really is no point in going for 3 times, or non protection of deposit, however when you moved in was there an inventory?

[Maria14]

this is what the law says ( i consulted with my student union) if your deposit has not been protected you're entitled to three times the deposit if you take it to court.. all deposits have to be protected after the 6th of April 2007.

 

dont remember the inventory list, its not in my contract copy at least. This stone pillar damage was an accident and we are not even sure to the course of this.

Edited December 6, 2011 by Maria14

[mariner51]

Following a Court of Appeal decision earlier this year, 3x deposit penalty cannot be granted after T has ended. Law is likely to change next year.

Ts 'voluntarily' vacated on date stated in invalid s21, in the mistaken belief that s21 was a notice to quit, and did not give LL required notice of intention to vacate, then Ts could be liable for rent after vacating. Doubt LL would pursue though. Thought SU was more genned up.

 

As for your 3 points

1. Ts have until midnight on specified day to vacate if rent is paid to last day.

2. LL has no requirement to provide receipts, nor even to have work done. Your resp is to return property in similar condition to start. Overgrown garden is not fair wear & tear (Court of Appeal)

3 Depends on size location of pillar IMO was the damage reported to LL straight away or just ignored by Ts?

 

Best bet is to sue for return of deposit in County Court (Small Claims), LL will have to justify her proposed deductions. If you win, Court fees and upto £90 loss of earnings/travel will be payable by LL to you.

[Maria14]

Oh. thanks so much Mariner51. you must be a laywer.

 

In regards to the pillar, yes it was reported she arrived like the same or the next day to have a look at it.. but what could we do?! we did not see who knocked it down so she could claim the insurance off them.

Edited December 7, 2011 by Maria14

[Maria14]

Her contract (tenancy agreement) states we should vacate the property by noon. but yes, we paid up till the last day.. So in this case, is it still till midnight, you reckon?

[mariner51]

Mariner51. you must be a laywer.

 

Nope. I stand to be corrected by those that are. I am a LL learning all the time.