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Deposit Penalty Claim

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603 views 2 replies latest reply: 03 February 2016
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Does anyone know if a tenant is able to issue a court claim for a deposit penalty of, say 2 times the amount of the deposit, rather than the maximum 3 times, in order to reduce court fees?

For example, in the case of a private landlord who had protected the deposit, but who had failed to provide the prescribed information, it is almost certain that any award would be at the lower end of the scale, so it would seem to be a waste of money claiming for 3 times the deposit, with a £455 fee for a claim above £5,000, rather than £205 below.

Thank you for any advice.

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Hi John

I’m not a lawyer but as I understand it the award against the landlord can be made for anywhere between 1 and 3 times the deposit amount depending on the seriousness of the situation. It’s not automatically for 3 x. As you say, this is probably a less serious case so it would make sense not to go for the maximum and to save yourself the fees. Having said that, I imagine the landlord would probably have to pay costs if they lost.

Citizens Advice or a local law centre will be able to give you a more legal response.


Service provider

Thank you.

Do you know if one of the claimants is allowed to represent all claimants in court, if a hearing is required?

The other 5 claimants are scattered around the globe, so getting them all to any hearing would be pretty difficult.


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