Comments on: Deposit scheme mandatory award

By: kris

kris — Mon, 09 Aug 2010 11:26:07 +0000

Thanks for this post and for the lively discussion.

I’ve advised on this situation down at the pro bono advice clinic so thanks for the update as to the latest state of play.

By: NL

NL — Sat, 07 Aug 2010 15:15:18 +0000

Sounds unlikely. Why would it be in the tenant’s own interest – let alone ‘unethical behaviour’ to delay their receiving the deposit back?

By: MM

MM — Fri, 06 Aug 2010 21:15:02 +0000

I have had similar problems twice now with the tenants leaving early, agreeing to give me their release codes for the deposit from the DPS. Then they seem to change their minds and I have to wait whilst I go through the due process of legally recovering the money from the DPS.
As we know there are some unscrupulous landlords out there but equally so, tenants can be pretty unethical too.

By: NL

NL — Sun, 04 Oct 2009 19:57:08 +0000

If the tenancy was renewed after April 2007 (or arguably if it became a periodic tenancy after April 2007) then there is an argument that the s.21 isn’t valid if issued when the deposit is not protected. Whether that argument succeeds depends on the view of the County Court judge involved, at present.

Whether the tenant wants to bring a 3X claim before a possession claim defence, or at the same time as one, is up to them. Makes no odds to the argument (although it may make a difference to a subsequent 3x deposit claim when it appears that it could have been brought earlier, I suppose).

Once the deposit has been protected, or is no longer held, then a further and valid s.21 can be issued.

By: FC

FC — Sun, 04 Oct 2009 18:52:50 +0000

Regarding NL’s last response, what if the tenant is unsure if the deposit requires registration (due to the landlord renewing an old contract)? Would it be best for the tenant to claim the fine for 3x the deposit before the section 21 notice ends so he’s sure of the defence? Also, if he wins can the landlord still just ussue a further s.21 notice to evict?

By: NL

NL — Sat, 08 Aug 2009 17:44:15 +0000

Rob,

There have been lots of developments, none binding. Try reading the rest of our reports linked to in this post. I’m not going to list them all for you here, they are just a click and a read away.

As for ‘arguments a landlord can deploy’ – there is no requirement for notice before issue of part 8 proceedings, which TDS cases are. For the rest, you’ll have to actually pay a solicitor, because, as the disclaimer makes clear, we do not give advice on individual’s cases on the blog.

By: rob

rob — Thu, 06 Aug 2009 21:57:34 +0000

Hi have there been any recent developments on the basic question of the 3x deposit penalty? What arguments can a landlord deploy if they have no notice under cpr that proceedings are going to be issued and on receiving notice of an issued claim , immediately place the deposit in gov backed scheme.

Thanks

By: NL

NL — Tue, 14 Jul 2009 18:39:14 +0000

Good question, but I doubt it, unless the reversionary landlord had in some form received the deposit, either from the (ex) intermediate landlord or the tenant. But if it was the case, surely the ‘new’ landlord would have a claim for indemnification against the ‘former’ landlord.

Anyone else?

By: Eric

Eric — Tue, 14 Jul 2009 16:12:29 +0000

What would be the situation if a tenant’s landlord was itself a tenant of the freeholder and did not protect the deposit. If the freeholder forfeits the intermediate tenancy under s.18 HA 1988 the freeholder becomes the landlord. However, is the freeholder now liable for 3X the deposit?

By: tony chidgey

tony chidgey — Wed, 24 Jun 2009 17:31:36 +0000

Does anyone have a tenancy deposit outstanding from K&O properties{defunct] London SE1