LL not paid deposit in DPS.....

**fridaypassion** · 14-01-2013 19:41 PM

My brother lets a house and his having some issues with his LL over damp. The place need a damp proof but the guy is trying to blame him for it and has threatened not to return the deposit.

Now I'm a LL and the whole thing stinks to me but when I asked if he had got a confirmation letter from the DPS at the start of the tenancy and they didn't. So I'm assuming no deposit registered.

Am I right in thinking that my brother can counter claim in the event of him withholding deposit for 3 x the deposit?

**Dinkum** · 14-01-2013 20:34 PM

Check the tenancy deposit services online to see whether the deposit is registered somewhere. Saves a little head banging later.

Originally Posted by fridaypassion

Am I right in thinking that my brother can counter claim in the event of him withholding deposit for 3 x the deposit?

YOur brother can counterclaim regardless of whether the deposit is withheld or not. He would have to go through the courts though. The court decide what level of compensation to award which could be 1 to 3x the deposit amount. Keep in mind the landlord can not evict him using Sec21 if the deposit is not protected.

**MrJohnnyB** · 15-01-2013 13:02 PM

Your brothers claim would go through a special track of the courts as well which would require a solicitor, so additional costs.

Have you actually had a survey carried out and proof that there is a failure in the DPM? Where is the damp located? If it's a dpm failure then it will be very obvious, low level localised damp staining to lower walls etc.

**fridaypassion** · 15-01-2013 19:42 PM

Thanks for the replies.

The damp is damp the property doesnt have a damp course its a 100 year old terrace with none of the telltale drill holes (the two adjoining properties have these). I had rising damp in a property I bought and the marks on the walls are identical.

The LL at the moment has come up with the brilliant idea of supplying a heater to run in the room. I'm not sure what they think this will achieve but apparently his builder will come round to have a look "when the weather is warmer".

It looks to me like the LL has no intention of rectifying the issues and is fobbing my brother off. We have also confirmed the deposit is not registered.

At my suggestion they requested mutually ending the tenancy so that the LL can sort the house out and they can move out but this has been refused and the threat to take deposit re iterated by the LL (who blames the rising damp on cooking)

If the LL continues not to resolve the issues how should my brother proceed? They have 3 months left on the AST but they would like to vacate ASAP. In my opinion the house is borderline habitable at the moment as they only have one room which is damp free (the lounge).

**jjlandlord** · 15-01-2013 19:51 PM

If deposit is not protected and tenant suspect LL might try to unfairly withhold it, in practice the safer route is to withhold rent once planning to move so that when tenancy end owed rent equals deposit. Ie. LL is no longer holding any deposit...