Has anybody been awarded 3x their deposit because of TDS?

sooz

http://www.landlordzone.co.uk/forums/showthread.php?t=10746

Tori_Bellatrix

Excellent News ... :T

Catblue

Interesting, particularly the last two paragraphs.

"In awarding the monies, the judge accepted the tenant’s argument that the award was a strict liability penalty, and that consequently there was no provision for counterclaim for outstanding rent arrears or other arguments about the return or retention of the deposit on the basis that a statutory scheme included arbitration for disputes about returning or retaining deposit monies".

"Comment: In giving his decision the judge expressed concern that ‘it goes against the grain’ and advised the landlord to take legal advice as to whether he could delay the 14 days in which he must pay the claimant".

pippamannequin

Good to hear there's some recourse for tennants being witheld their deposit finally.

RabbitMad

This law is bound to be challenged. Maybe not this result but one result is going to be appealled soon enough and then we'll have a precident. (I would expect any appeal to fail on the basis that the courts do not challenge the authority of parliment)

In the mean time good news for all those tenants and bad news for all those rouge landlords.

JanCee

RabbitMad wrote: »

In the mean time good news for all those tenants and bad news for all those rouge landlords.

Yes, they are certainly going to be red-faced after that decision.

Sorry, I couldn't resist.:o

RabbitMad

I always get that one wrong!

TJ27

I had an e-mail in work today saying that the first case of this sort in my area was about to go to court. Or do they go to the RPT initially? Not sure. Anyway, the amount the tenants might get is something like £3k plus costs. I'll let you know if I hear anything.

I was also surprised to learn that surveys have shown 40% of landlords to be totally unaware of the TDS. Actually, I don't know why I'm surprised. I meet landlords almost every day who have no clue what their responsibilities are or what the law says about the business they are in. Agents too.

RabbitMad

Yes, please keep us updated.

There should be a whole rash of cases going through the courts in the next month or two. Anyone like to hazard a guess at the score by the end of May?

I'll plump for 5-2 to the tenants.

(I think there is a case over on landlord zone where the first the LL heard from the tenant was the court summons at which point the deposit was protected and the info supplied to the tenant. It wouldn't suprise me to see that one going the LL's way)

pickles110564

I think there should be a scheme that if the tenants trash the property they have to pay 3x the cost of repairs.
Also if they do not pay their rent there should be a scheme that they have to pay 3x their outstanding debt and until they pay they are not allowed to rent anywhere else.:D