Deposit protection incorrectly done?

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    Deposit protection incorrectly done?

    I am the landlord,

    I protected the full deposit of the tenant on day 1 of the tenancy and also served the "prescribed information" within the time frame.
    The deposit is protected by DPS under custodial scheme.

    However I noticed, my address (landlord's address in incorrectly recorded as my previous address)
    The rental amount mentioned is also incorrect.

    My tenant claims he wants to make a compensation claim for deposit not protected correctly because of the above 2 issues.
    Does the tenant have a case which can stand in court?

    #2
    The rental amount probably doesn't matter (it's not part of the Prescribed Information).
    Giving the wrong address is probably an issue.

    Whether a court would see it as a fatal error is hard to guess.
    Mistakes do happen.
    It's not easy to see what the tenant has lost - and therefore what compensation could be claimed.
    They would have to sue you for the penalty for not protecting a deposit properly.

    It's not that easy to make a claim for not protecting a deposit correctly (and I suspect that no no-win no-fee solicitor would be interested in a claim based solely on an error in the PI).

    I would, personally, see if the tenant actually does anything.
    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


      #3
      I agree with jpkeates. If you provided your address formally through other documents then he wouldnt be able to argue that you deprived him of the right to sue you so I would just wait for the moment. This would be unlikely to attract more than the minimum 1x deposit as a penalty. If you get a letter from a nwnf solicitor then post again on the forum.

      Comment

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