Comments on: Foxtons - Renewal Fees http://et.bowday.co.uk/2009/04/16/foxtons-renewal-fees/ The Musings of a Maverick Tue, 07 Sep 2010 01:30:28 +0000 http://wordpress.org/?v=2.2.1 By: Esio Trot http://et.bowday.co.uk/2009/04/16/foxtons-renewal-fees/#comment-41 Esio Trot Wed, 08 Jul 2009 20:21:31 +0000 http://et.bowday.co.uk/2009/04/16/foxtons-renewal-fees/#comment-41 Juliana, As you have found, the deposit protection legislation was poorly drafted. Although I am aware that there are a few cases where a tenant has been repaid the deposit before the court case and still won 3x compensation, in most others where the landlord has had good advice the tenant has lost. I can't go into it as a reply, but I'll try and do a post on tenant deposit protection before the end of this weekend. My advice to you is that you should drop the case as such, but consider simply going for what is called a 'wasted costs order' meaning you want the court fee paid to you plus a bit extra for your time and trouble in bringing the case. Juliana,

As you have found, the deposit protection legislation was poorly drafted. Although I am aware that there are a few cases where a tenant has been repaid the deposit before the court case and still won 3x compensation, in most others where the landlord has had good advice the tenant has lost.

I can’t go into it as a reply, but I’ll try and do a post on tenant deposit protection before the end of this weekend.

My advice to you is that you should drop the case as such, but consider simply going for what is called a ‘wasted costs order’ meaning you want the court fee paid to you plus a bit extra for your time and trouble in bringing the case.

]]> By: Juliana http://et.bowday.co.uk/2009/04/16/foxtons-renewal-fees/#comment-40 Juliana Wed, 08 Jul 2009 19:27:12 +0000 http://et.bowday.co.uk/2009/04/16/foxtons-renewal-fees/#comment-40 Hello! I red a comment that you left about the fine of the LL giving the deposit back. My landlord didn't protect the deposit and kept it 2 months after I left the flat. I sent her a letter before action and she returned only 80% and keep the rest for cleaning bill. A moderator called her in my behalf to ask for the rest, but she insisted to keep the money. So, I went for a small court claim, and I claimed 3 times the deposit. Then she paid the 20% remaining. I'm not sure if I could keep going with the claim. I have spent mornings off from work, the court fee and lot of time on this. But if you said that no one has got it, probably I should drop the case. If you have any guidance, I would appreciate it very much. Juliana Hello!
I red a comment that you left about the fine of the LL giving the deposit back. My landlord didn’t protect the deposit and kept it 2 months after I left the flat. I sent her a letter before action and she returned only 80% and keep the rest for cleaning bill.
A moderator called her in my behalf to ask for the rest, but she insisted to keep the money. So, I went for a small court claim, and I claimed 3 times the deposit. Then she paid the 20% remaining.

I’m not sure if I could keep going with the claim. I have spent mornings off from work, the court fee and lot of time on this. But if you said that no one has got it, probably I should drop the case.

If you have any guidance, I would appreciate it very much.
Juliana

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