Tenant Deposit not lodged within 14 days of start of AST

sunshine777_2

Hello everyone.

I was just wondering whether anyone has had any experience of a Tenancy Deposit not being lodged within the required 14 days from the start of the Tenancy (though it eventually was).

I was just wondering whether it makes any difference to trying to get it returned easier, from what I have read so far it seems to make little difference (though I could be wrong). I have read that a Section 21 cannot be used because of the lateness but other than that cannot see whether any set rules are in place with regard to this.

Thank-you

cakey

hi, yes we have had some experience. its a bit confusing the whole process, but we went to court regarding our landlord who hadn't registered our deposit. the law states that if they do not regoster within 14 days, you can take them to court for 3 times the deposit.... here is the but.. there is a skeleton bill (not sure what this is but the other solicitor pulled it out) it states that from the court hearing they have 14 days to register or pay out 3 times the deposit. now if you take them to court, your landlord may represent themselves. if they do, they will not know about the skeleton bill and you will win 3 times your deposit. (the judge was unaware of the bill until this solicitor pulled it out), however if they take legal prepresentation they may know about it.

hope this helps

ceh209

Hi, I believe someone else here mentioned a ruling by a judge that basically said they wouldn't pay out the 3x the deposit, if the LL had subsequently protected it.

A Section 21 cannot be served before the deposit is protected, after that it's fine. (Well of course it CAN be served, it just won't be valid!)

It won't make any official difference to returning it, however it may be a sign of a lazy and useless landlord who will drag their heels when returning it, so it may just require some chasing.

sunshine777_2

Thank-you both for your replies. It (sadly) is pretty much what we thought. Good to know where we stand though.