Court Proceedings for Tenancy deposit

Hi
I’m wondering if you could at all. My mother is an elderly landlord

She received a letter from a solicitor seeking £10.8k to be deposited under their account to avoid court proceed under section 213 of the housing act.

On 20th March she started a new tenancy with a tenant , but in the mayhem of covid she was 2 days later than the 30 days allowed to register the deposit.

For which the solicitors are claiming 3x deposit plus some.

The tenant vacated December 2022.
He broke windows, caused a lot of damage in the property , broke furniture, and so forth. His children drew on every wall and he left loads of refuse behind. his wife was running a hair business from the property that we later became aware of. He told us his wife had lost her job , so we gave him a 6 month discount from the rent.

The damages were for £3300.

Which fell heavily short of his deposit.

We went to claim this from the claims court and won.

He has been ordered to pay about £2000 beyond the deposit amount by the courts .

Which he hasn’t done so.

What im wondering is can these solicitors claim such a massive amount and take my mother to court for being 2 days delayed in the covid period given the tenant wrecked the place for which we have witness statement, receipts and evidence. We had a court claim going against him for more than twice his deposit.

His solicitors, which I expect are no win no fee, are seeking 3x deposit (1500) for each year he stayed, and their own costs which are coming to 10800.

This has totally freaked my mother out. And your advice or previous experience would be appreciated

Get some proper legal advice from a housing solicitor. The amount sounds way too high, but you will probably need the help of a lawyer to negotiate it down. Dont be tempted to go to court. It will cost you a fortune in costs.

If you have landlord legal expense cover it should cover your court legal cost or the insurance company should provide you legal panel ? Also I do not see any merit of them claiming this money for delaying in the deposit given the tenants trashed the place in the first place .

Sounds like it is a scam

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The failure to protect the deposit within the 30 days is a strict liability offence. The judge has no discretion about awarding a penalty, just the amount of the penalty, which can be 1x 2x or 3x the deposit amount. I would expect an oversight like this to attract a penalty at the lower end of this range. Perhaps 1x or 1.5x. The problem with defending rather than negotiating it down is that the landlord cant win the case and would therefore have to meet the tenants legal costs. In this case it sounds as though theyve used a no win, no fee lawyer and they are entitled to a large bonus if they win. This amount would be likely to dwarf the actual penalty. It should be possible to get the tenants solicitor to lower their demand and to offset the damages owed, but this sort of negotiation is usually best handled lawyer to lawyer.