Tag Archive for 'housing act 2004'

Hat tip to Tessa at Landlord Law for this. There are reports on various tenant/landlord forums of tenants losing Housing Act 2004 claims for 3x deposit on unprotected deposit/lack of notification cases where the landlord has returned the deposit to the tenant prior to hearing. Here’s an example.

This approach relies on the wording of s.214, specifically:

(2) Subsections (3) and (4) apply if on such an application the court—
(a) is satisfied that those requirements have not, or section 213(6)(a) has not, been complied with in relation to the deposit, or
(b) is not satisfied that the deposit is being held in accordance with an authorised scheme,

… Read the full post

Tessa Shepperson at Landlord Law has a report from a landlord’s solicitor on another tenancy deposit case in the County Court, this time Bedford County Court.

In short, the Court found that payment of the deposit and provision of the required information by the landlord prior to the issue of a claim (and, County Court obiter, prior to hearing of the claim) meant that a claim for 3x the deposit failed. This claim was struck out under CPR 24. Note that this was after the landlord had failed to put the deposit into a scheme for over 13 months.

A practically interesting side point is that, because the tenancy had … Read the full post