Deposit paid back, but am I still entitled to sue? | The Tenants' Voice
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Deposit paid back, but am I still entitled to sue?

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101 views 2 replies latest reply: 28 June 2017
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Tenant

Hi All, 

I recently moved out of a property in Scotland after I was told I’d need an operation.  I contacted my landlady direct and informed her I would need to vacate. I had lived there a year and I kept the flat in immaculate condition.  I also paid my deposit to her a month before I moved in and I never received any information regarding a deposit protection scheme. I didn’t realise it was mandatory for landlords to register.  A couple of weeks before I moved out my landlady contacted me saying as I was 2 weeks short on the 2 months notice they were not going to pay my deposit back. I looked into the legality of this and my partner found the information about the DPS and how the landlady would be liable as she had not protected it. I complied with all the landladys requests and arranged for an inspection on the day I was leaving and driving back to England.  Her appointed agent did a thorough inspection and commented on how clean the property was left. I also received documentation from him to ascertain that the property was left as it was when I moved in.  After this I again repeated my request for my deposit,  only to be told I’d caused damage,  there were a few marks on a hall wall from my suitcase,  general wear and tear.  After a lengthy exchange of emails in which I reminded them of their failure to protect my deposit,  I was offered half my deposit,  after a few more angry insulting emails,  I was told I would receive my full deposit,  which I have now received.  My question is am I still able to bring a Summary Application and sue my landlady for failing to protect my deposit even though she eventually paid the deposit back to me?  The reason I am asking is that I feel I was treated very unfairly. 

I would really appreciate any advice,

Thanks 

V

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Tenant

I believe you still have the right to seek compensation. The laws are created in such way that once a landlord fails the procedure of deposit protection, there is nothing they can do that will clear that infraction off their record. 

Even though the original deposit is returned, the case is for NOT protecting it in a government authorised scheme. The two are separate events.

I suggest you download our guide on deposit protection – http://www.thetenantsvoice.co.uk/letter-templates/request-tenancy-deposit-protection

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Tenant

Thanks for taking the time to reply Audrey, much appreciated. I am going to look into this although it could prove to be difficult as I am now living in England and the property/landlord was in Scotland.

Another question is how likely would I receive a favourable judgment if I bring the action ? as it could cost up to £200 just to get it to court ? plus the travel from Warrington to Aberdeen court if it gets to a hearing.

 

Again, any advice or examples of similar cases would be very much appreciated.

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