As with most of our customers, Miss N spoke to us because she had left a property where she had been a good tenant over a long period of time and felt very hard done to when her former landlord refused to give her her deposit back. There was no reason for the landlord to retain the deposit as the property had been left in a nice state.
After confirming that the deposit had not been correctly dealt with by the landlord we wrote to the landlord asking him to pay the deposit back and to make proposals to pay the mandatory statutory penalty that is payable by all landlords who have failed to protect deposits correctly. The landlord responded to us in a very aggressive manner and said he would not deal with us at all. On that basis our customer instructed one of our panel solicitors to proceed with the claim through court.
As there had been a number of different tenancy agreements (an initial fixed term followed various periodic “rolling month by month” contracts and further fixed terms) the claim was brought for multiple breaches of the tenancy deposit legislation. The court upheld the claim and ordered the landlord to pay an amount equal to nine times the amount paid as the deposit. The court also ordered the landlord to pay the costs of the court proceedings.
Our customer was very happy with the outcome and the landlord, hopefully, now realises how important it is to comply with the tenancy deposit legislation.