Tenancy deposit scheme

CandyBar_2

Hi,

I've just discovered that my landlord only protected my deposit a little under 2 months after I moved in, and not within 14 days as required by the 2004 Housing Act.

I know that if I'd taken them to court at the time, I could have been awarded up to 3x the deposit. I'm now moving out, and was just wondering if I am still able to take them to court over this - despite the fact that the deposit is now protected. (Note that I have no intention of doing this but I'm just trying to figure out how this works to see how strong my position is when negotiating deposit deductions)

Thanks!

tbs624

You would be wasting your time. Although your LL failed to comply with the 14 days rule, the legislation is poorly worded and your deposit *was/is* protected, albeit late. Even where a LL has left it until almost the date of a court hearing to register the deposit, Ts have been unsuccessful intrying to claim the 3x penalty.

The whole purpose of your deposit being registered is to make it easier for you and your LL to reach agreement on the return ,or otherwise, of your full deposit.

Return the property in the same condition as let, save for fair wear and tear, and you are entitled to the whole lot back. Any deductions proposed by the LL have to be notified to you in writing and if you think you have cause to challenge him/her you can do so either via the scheme or via the courts.

Jowo_2

I agree with tbs6245 as I've been monitoring landlord forums and it is clear that generally the courts do not find in favour of the tenants when the landlord has protected it late due to poor legislation of the wording.

I think the politicians expected the landlords to be punished for their tardiness but the precedent has been set with actual challenges in the courts which tends to favour the landlord.

clutton_2

as long as the deposit is protected by the time any dispute arises - the courts seem to find that acceptable

altho that was not the intention of the Act

but - if its in a Scheme, its in a scheme