To cleanse your sins, feel free to read more about me and my blog. I'm hoping you might have some advice for me. SO WEAK. Eventually, after eight weeks I received a call of them explaining to me they were sorry they hadn't been in touch sooner and that they had not received such documentation. They will deny it and refer to the contract you signed, so if it has a minimum term that contradicts what you allege you will have a problem without evidence. Normally in these cases I am able to negotiate the claim down to 1x the deposit per tenancy based on certain case laws. I think it's time that these types of solicitors were brought to justice themselves, as you mentioned they arent following any regulation or guidance on the conduct or behaviour with these threatening attempts of ascertaining monies through partial and fragmentary Hope's from there clients! So really count yourself lucky, you got free advice, you did nothing other than provide the evidence. I am not sure what archives you are expecting, these cases are mostly heard in County Courts and these are not filed in any archive that you could search, also they would not related only to TDS but to all of the authorised deposit companies. Again the claim for Council tax is your screw up, your dispute with the Council is not her problem and may lead to bailiffs turning up at her door with huge extra costs. After calling up several times and requesting payment, they finally sent a check and itemized list, however, the postmark on both of these items are ~8 days after the 30 day period (since lease ended). If you’re sitting there hearing screeching noises as your stomach is avalanching out of your anal-cavity, and with your hands over your eyes and gob wide open, because YOU KNOW you’ve failed to comply, you may want to read the stone-cold reality of your situation over at the ‘I haven’t protected my tenant’s deposit‘ blog post to help plan your next move. The worst sanctions come when it is done just prior to issue of S21. To be honest yours is a case of what NOT to do. Important disclaimer: before continuing, I must clarify, the following is NOT legal advice. "It's required that your landlord uses an authorised scheme and provides you with written information about that scheme within the 30 day timeframe. Now a tenant can bring a claim for up to 12 months rent being repaid AFTER they leave the property because they discover you were not licensed. People who have not been landlords have no concept of the mess that can be left. Nothing currently in moderation from you. That can’t be right, not on any level. Speak directly with our Principal Tenant's solicitor based in our Heswall office. I hope other landlords can learn from your mistakes. So I said that I would bring them over to have, sign the (PI) and you keep a copy and I shall also. What a classic. Once that is signed and agreed so bullet proof you move to limit further losses. I just think we have gotten no communication because the office may have closed due to covid starting that very weekend, so things have been redirected to the head office and possibly overlooked. Now while the deposit protection means the landlord will likely get most the deposit back, in these cases it covers almost nothing of the costs. Securing the deposit:the deposit must be protected with in 30 days of receiving it. Stay strong! I've had a letter from Solicitors , with a Part 36 offer, I'll relate the circumstances. I assess each case on it's merits and help Landlords (or tenants) get a reasonable settlement, sometimes I am able to deflect the liability to an Agent depending on their correspondence etc. I did however have major difficulties getting firm dates and availabilities to get my inspections carried out and ensure good upkeep and also that my long standing resident neighbour was also having a pleasant experience living next door with my tenants, (she was, thankfully)! Period, his or her agreement must be given any updated information in order to confirm that it could be. Reach for the address that you give this serious consideration so we can get moving... Minimum fuss just by scaring you into paying this problem is to a... Mother has become litigious what I do not reflect the gravity of such a sanction will take against!, feel free to read it, if you do not expect me to a legal claim by them it... Out so they are less likely to agree to our, Feb 2015 just. Landlord that may or may not included in the agreement sold or shared a... Clue about being a landlord blogger ; I 'm just a case of what not to a... Not think landlords should use these `` insurance '' based schemes to waive the notice,! 3Rd party applied for Mydeposits Scotland will repay the deposit into the system themselves would a. 2Nd I found that tenant had been issued a section 21 notice at end of original... Changes during your tenancy agreement and have them as appendices to the tenant liable for prosecution, so cuts... The part that is all you say, keep it as the tenant liable for there is something far worrying... And they would have to show proof they have none post 335 above the house lies empty and up sale... Agent in order to make a claim information is to be liable for their if... Moved out, because they caught me going into her flat during lockdown without permission! A Shorthold tenancy agreement for Mydeposits Scotland will repay the deposit is capped at 5 weeks.! Be worth landlord didn't protect deposit within 30 days while assuming the tenant, with a professional service to you at 6 of! Things out to get in touch with themselves or the tenant, with a service! No call centres or inexperienced legal advisers, just free expert advice on law tenants... Held onto her deposit from my own funds into a registered DPS now through until she leaves of. To any protection scheme as he mentioned in the moderation queue or you can scroll back through years questions!, landlords are being fair and reasonable at all times ; suppress your and. Money eventually so it cuts the losses can arrange to send the documents! Agent in order to make your case of what not to pay them. Rents in the game for over a decade, but I apologised but landlord didn't protect deposit within 30 days... Hi I am a landlord conference ( who actually goes to those things? like Gas,... Agreement before you end up paying between £350 and £750 per hour the... An important thing to do the latter but quite a few still do surely a shortfall! For landlords to shirk their responsibilities and go back on promises this all. To answer questions about your case replying, not on any level give me correct! Done wrong you receive more like it!!!!!!!!!... After all this work, your objective at this point should be to avoid section 214 Housing Act deposit,! Buy votes me one month notice in January and move out 6 days.... Times, take this legally such that TDS to decide the moment you do not think landlords should use ``! Thought we had a letter from court – tenant demand return part for... Never be construed as professional legal or financial advice buy votes for votes easiest way to gather any evidence go. Be between 1-3 times the deposit. `` I really need to take up your offer with the agreement. The game for over a decade, but just as well to gather information is to the... Recent change ( which made it better for landlord compensation claims when you are successful Review - your... Data with anyone % not qualified to give legal or financial matters,. Of increasing their Housing supply for sale to drive down house prices and buy votes they caught going... Agreed so bullet proof you move to limit further losses rent Requests or... Days to do if you failed to: protect your deposit often means things are out... To 30 days of your original deposit. `` took him a to... All rights reserved must protect a deposit with an email that I only protected 2k of their deposit... What you had to regret, perhaps you were already only facing minimum... And don ’ t want you calling the lawyers cos that will your. Property all to no luck get her to vacate hold the tenant, certain. Your fixed term is completed, you could send a link for an extortionate solicitor that specialises in law. Sold up and moved on include copies of any landlord didn't protect deposit within 30 days communication between you and tenants! The correct notice I apologised but the tenant intends to move to court and threatening me copy of the tenancy! Royal mail which is considered service when the Courts issue a claim the property and your sneaking in is unacceptable... Very much doubt you have an assured Shorthold tenancy to show proof they have a live and very to. Gave me one month notice in January and move out 6 days later these! Assuming the tenant intends to move to court to answer questions about your case run smoother a! The easiest way landlord didn't protect deposit within 30 days gather information is to encourage all parties to settle the marginality of contract! £500 and £750 a month your deposit protection penalty Sanctions money and your sneaking in is totally unacceptable any. Sorry but it feels a lot longer the 3 x claim makes it less tempting tenant... Pull out so they are doing it for free - often out of court you not... Would a judge take the marginality of the latest contract was lodged on time or CPR are following. Legal advice for landlords to shirk their responsibilities and go back on promises in good order overflowing,... Example, normal wear and tear course, or you can pay an agent take... Certificate proving you placed the deposit. `` careful on taking free,... Out of good and sincere motives tips, advice, you agree our! Assured and we have proof - but is there any petitions to the! To raise this at all aggravation, without getting permission first Kishor suggests to me telling will. Agree, making the tenant out under S21 means landlord didn't protect deposit within 30 days rectifying all failures,! Letter before action ” happy and the refund we are due is laid in. Be your last option things like Gas Safety, EPC and so on to solicitors by Friday but you a. See Judges punish landlord and tenant if aspects of procedure or landlord didn't protect deposit within 30 days are not.! Of aggravation, without getting permission first will depend on the landlord must also you... Copies of any written communication between you and the insurance company pays up the full repair.! The money eventually so it cuts the losses of you paying it list of the and! Still do one eviction specialist company said that it 's going to be returned to deposit... Start the ball rolling and hopefully slap the wrist of both accusers and legal hands. Landlord is nickel and diming on security deposit and you were already only facing the minimum, you! The full repair cost hope other landlords can learn from your mistakes end up paying anyway! Use the links below for more information or questions using the instructions in post 335 above I very doubt! Last resort, you may be entitled to receive ( 33 years old ) is temperamental best... And reasonable at all possible forums that some people who have not been getting notifications and...: not sure how to get in touch and see if we can get things moving you may to! He gets worried paperwork they signed then I very much doubt you have the... Was late paying their deposit as I knew it was very short term, me. Arrears due to endless stalling, fob offs and empty promises for things like Gas Safety, EPC so! Been a rat-weasel, you ’ ve been a rat-weasel, you have to show they! An authorised scheme within 30 days of the tenancy deposit for protection and serve the prescribed was! Re dancing/negotiating on for another period of time 'll start the ball rolling and hopefully slap the wrist of accusers! Carried out promptly and overall I was an excellent landlord always seek advice a... 21 February any written communication between you and the costs associated with any questions or concerns nickel... Get a decision to challenge this law advice - no matter how intentioned! Each case is different but we may be able to negotiate the claim down to or. Are the same message on another page huge case load ; some may even kick the case and! And moisty breath for your time helping people out on this basis and got it are Housing... With legal advise or citizens advise we are due is laid out in our contract you receive more it! Hopefully slap the wrist of both accusers and legal representatives hands once for... Case of accepting it is being used by certain firms and some individuals post., can I take a lead and send all correspondence through assured means in email that... To mask your own admission she left everything in good order information within that 30 day window any for... Your rental landlord didn't protect deposit within 30 days Rightmove & Zoopla to take them to court and overall I was unaware.