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tenancy deposit scheme's and non compliance
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shotton123 wrote: »I have recently taken a case to court as my landlord failed to protect the deposit and provide me with the prescribed information.
I started court proceedings and had judgement for default but unfortunately the claim was changed and the judgement was not for 3 times the amount, as the deposit was finally lodged with the dps some 20 months late and after the court judgement, as the dps have no initial requirements and take deposits even with very late compliance you are unable to breach under section 214 for 3 times the penalty.
Despite campaigning to various housing minister's, mp's I am finally giving up the ghost now, MARTIN PLEASE PLEASE LOOK INTO THIS FOR ME or if anyone has anything to add please contact Wendy Armstrong at the Housing Communities office as she believes that this legislation is working very well and that all tenants deposits are being secured as per the legislation and that the government can not be held responsible for how courts are interpreting the law, draycott v hannels has just proved that the courts are intepreting the law correctly , it is the dps that are not working within the legislation. I am just a lonely individual who feels very passionate about this matter, and I have just had to stop my appeal as of cost implications and time constraints as I have spent nearly 12 months on this matter
I urge anybody out there to campaign to have this leglislation work for tenants and not landlords
hi, i'm not sure if this will be much help to you. but we were in court this year regarding our Landlord not registering our deposit. the judge originally told us we needed to claim 3 x the dpeosit due to them not registering it. Anyway another court date was set and we went back in to claim the 3 x the deposit, the landlords solicitor produced a document a skelten bill or something similar. basically it meant that the landlord had 14 days from the court ruling to protect the deposit and were only liable for the 3x penalty if they did not do this. Even the judge was suprised by the bill!
in the end we did tit for tat on faults with the place we lived in and ended up getting some extra money back.
the whole thing is very confusing!STARTING BALANCE JAN 09 £47,400
Debt left 24th December 2010 - 13611!!!!!:j
Update may 2013 - debt left £8000
Update oct 2014 - £25000
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