Another TDS court ruling

prudryden

Shows how good CAB lawyers are - common sense has at least prevailed here.

http://www.solicitorsjournal.com/sto...ion=getsession

tbs624

Pru - this case has already been mentioned on the board a couple of times.

I think you're being a tad unfair to the CAB lawyers - it's the poor wording of the legislation itself that is creating the problem.

Why have a specific 14 day time limit but then say "actually, do it anytime before the hearing and your ar*e is covered"?

It is in effect little different to the rules about rent arrears that LLs get so infuriated about: ie, you serve Notice in line with the legal grounds for eviction (ie 8 weeks/2 months arrears) the tenant then coughs up( even if only partially) just before the hearing and you are back to square one. That doesn't mean that the LL or his/her lawyer is rubbish, just that the system is.

There has to be pressure applied to get the tenancy deposit legislation amended so that it works as it was intended to.

As I said before, I reckon the simplest way to make errant LLs comply is to say that if you don't register & provide the relevant info to the tenant within the first 28 days ( see, generosity there ) then no S21 may be served at all for that tenancy. Just one day late, then tough. 99.9% compliance within a few months I reckon.

Deposits can be registered within the day of receipt - it is no big deal, it really isn't, except for those LLs who like to be able to screw over their tenants and unfairly hold on to the deposit at the end of the tenancy.