Appealing a deposit protection case

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    Appealing a deposit protection case

    Hi all, I've just joined the forum this evening to ask for advice for a friend who was recently taken to court by an ex-tenant over failure to protect a deposit. I've advised him to appeal as I believe the judge was wrong in awarding compensation and would appreciate some opinions.

    The tenant was in the property for 6 years, from 2012-2018. The landlord did not protect the deposit simply because he was unaware of the need to. Don't worry, I've told him how stupid he was! He did, however, return the deposit within a couple of days of the tenant moving out. By the time the tenant raised the claim, the deposit had been unprotected for 6 years and 2 months, so the case was time barred, which was pointed out in court. The judge seemed to accept this, but decided to award compensation based on the deposit still being unprotected when the tenancy changed to periodic. This is where I believe he has grounds for appeal.

    In raising her case, the tenant claimed compensation for the unprotected deposit specifically relating to the assured shorthold tenancy. No claim was made against the periodic tenancy. Now, my legal knowledge is minimal but I don't believe a judge can award compensation in a civil case for something that the claimant has not claimed for in the original court paperwork, so I think the judge overstepped the mark here and made a judicial error, which would be grounds for appeal.

    Can anyone shed any light on whether this is a correct assumption? Happy to provide more information, if it will help.

    #2
    Was this a small claims case?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      Forget it IIWY. Even if the appeal is successful, tenant only has to re-issue claim for the periodic tenancy, and will win again.

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        #4
        It was a part 8 claim.

        The tenant cannot raise a claim against the periodic tenancy as that is now also time barred, which definitely makes this worth fighting.

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          #5
          I'm not sure that a judge is limited to the original claim (although that's because I don't see any reason that they should be, rather than because I have any knowledge that they're not - they're not limited to only consider the defences offered, for example.)

          I've been expecting the time bar to be challenged for some time, and that might be the outcome of an appeal.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            its probably not worth the headace of a possible counter claim - cant they re-claim had it not been re-protected ? and hasnt time run out ?

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              #7
              Originally posted by LondonLandlord99 View Post
              It was a part 8 claim.

              The tenant cannot raise a claim against the periodic tenancy as that is now also time barred, which definitely makes this worth fighting.
              Ah, I'm guessing you've never tried to get a possession order when all your papers are correct?

              https://forums.landlordzone.co.uk/fo...culous-judges=

              Judges will try any trick possible to screw over a landlord, (as your friend already found) because they see us as being unjustly enriched. Don't think you'll get different treatment on appeal.

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                #8
                the only thing i can think of is if these people have come into money and they are on benefits or universal credit you can maybe grass them to the authorities to say they now have savings as they wont be able to get benefits if money has come to their account depents how much savings they have ect - just to get them back

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