LL has offered me £650,non-TDS compliance,should I accept?

[nobbystiles]

After sending a LBA to my previous LL, who had not secured my deposit (£650) with the TDS, they returned the deposit in full.

 

 

I re-sent the LBA reminding them of the maximum penalties (3x £650) for non-compliance. The LL has now come back with an offer of £650 in full and final settlement, stating that they were unaware of the law - even though it was specifically referred to in the LL's rental agreement.

 

 

What is the chance of a claim for the maximum penalty of £1,950 succeeding, now that the LL has made this offer?

[mariner51]

Without knowing precise dates/terms of AST, and details of claim, it is difficult to advise. The recent De-Regulation Act (28 Mar) is reducing LL liability in certain cases, for LLs liability for non-protection. I would accept full & final offer as there is no guarantee even before DR Act that Judge would award max 3x compensation. Bird in hand and all that.

[p3t3r]

It seems that you had trouble in getting the deposit returned to you since you had to send a LBA.

 

It is no excuse that your landlord not being aware of the law especially as this was wrote in your tenancy / rental agreement.

 

Your landlord realised they made an error and is trying to make a full and final settlement to avoid having to pay you nearly £2,000 should you decide to escalate this.

 

I do not know what your chances are for receiving the maximum penalty of £1,950.00 - although it would seem from your post that you had difficulty in getting your deposit back as you had to send a LBA - this would go against the landlord and in your favour.

[nobbystiles]

Thanks mariner51.

 

 

p3t3r - Yes, they were implying that some spurious deductions were going to be made. As soon as TDS was mentioned they paid up. I know that they are trying to mitigate their losses but would a Judge think that I was being greedy by pushing for more?

[nobbystiles]

Thanks for the advice

[p3t3r]

As far as I know, the deposit protection scheme was setup to stop rogue landlords from not giving deposits back. As you say, they tried to make deductions but paid up when you mentioned TDS.

 

I do not know if a Judge would think you are greedy pushing for more. If it got to court stage, then I am guessing you could show the Judge the problems you had in trying to get your deposit back, and this took up a lot of your valuable time.

 

If you do decide to reject their full and final settlement, I am guessing your ex landlord would increase their offer to stop this going to court.

 

Probably best to wait a day or 2 and get some expert responses to your problem.

 

Good luck!

[nobbystiles]

"As far as I know, the deposit protection scheme was setup to stop rogue landlords from not giving deposits back. As you say, they tried to make deductions but paid up when you mentioned TDS.

 

I do not know if a Judge would think you are greedy pushing for more. If it got to court stage, then I am guessing you could show the Judge the problems you had in trying to get your deposit back, and this took up a lot of your valuable time.

 

If you do decide to reject their full and final settlement, I am guessing your ex landlord would increase their offer to stop this going to court.

 

Probably best to wait a day or 2 and get some expert responses to your problem.

 

Good luck!"

 

 

Thanks, will take your advice.

[p3t3r]

I would hate it if you took my advice and rejected the offer and then lost the lot. I could be entirely wrong. Please wait for others to post!

[mariner51]

Nobby the 1-3x compensation is entirely at Judge's discretion. In2-3 days time he or LL may become aware of DRA provisions.and either offer withdrawn or you may be entitled to no compensation. Either provide AST details or take the risk.

[silverfox1961]

Hi

I would take the money. This is the easiest and quickest option. If you took this all the way to court and the landlord said he had made an offer and you didn't negotiate further, the judge 'may' throw the case out. In any court case, you have to be sure of your grounds.

 

By all means ask for a little more but if he won't budge, you need to weigh up what you have or what you may (or not) get.

[Steve__M]

If you go to court the risk is that you would still only get £650 and that you would not get your costs back.

 

I personally would take the £650 but I haven't read the rest of your story.

 

The one risk I can think of is that you and the landlord settle this claim, then the landlord sues you for damage to the propery. So any deal should be in full and final settlement of all claims relating to your tenancy.

[SabreSheep]

Take the offer.

 

Reason: You can only claim back your deposit.

The 1-3x award is given by the judge,

Therefore to make a claim you would have to claim the LL did nto protect your deposit and refused to refund it.

LL has agreed to refund it.

 

Therefore you have no loss.

 

Claim may get struck out as having no basis on which to claim.

You would lose court fees and also be liable for their costs for a vexatious claim.

[ericsbrother]

If you decide to go to court and the judge awards less then you have been offered you will have to pay the LL's costs, even if the LL was refusing to return or protect the deposit. You have been made an offer most people would be glad of so take it with alacrity.

[raydetinu]

Also there is no guarantee the claim would be accepted in the small claims court, it may well have to go to full fast tract and that would cost you in fees.

[raydetinu]

M51, how does the new DRA affect the non - protection of deposits?

They have to be protected!

[*RainbowTears*]

It is Entirely your decision, but I do agree with the fellow CAGgers above, who have already shown you the other options available to you.

 

Me personally, I would accept the offer. At least this way you have your money back & you can move on from this, once & for all.

 

Good luck!

[mariner51]

#ray, I am still trying to come to grips with DRA.

OP has not provided dates etc for previous tenancy. For certain Tenancy start dates an unprotected deposit can be protected by 30 June 15 and regarded as protected for the whole T period (another example of retrospective legislation) and DRA effectively quashes effect of Superstrike ruling on PI re-iisue at SPT commencement.

I would like to see a definitive layman's 'sticky' for DRA provisions and effective dates. I know the 60 day expiry prescribed s21 forms are valid from today, so no more 21a/b date confusion.

[raydetinu]

Agree S21 dates confusion now gone, great!

OP stated dispute is with previous LL, so presumably old tenancy. so deposit would still of had to be protected, but has now been returned, so agree no point proceeding with any action on that.

[Hacked_Off]

Personally I would counter offer to nudge them up a bit. Never take the first offer