DPS - does my tenant have any grounds to claim?

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    DPS - does my tenant have any grounds to claim?

    Dear all,

    I'd be very grateful for your advice.

    I rented my property out last year for a period of 12 moths (AST). I had only just become aware of the deposit protection requirements from my letting agency.

    I enquired into the various schemes, and felt the DPS would be the best option for me. They required the allocation of a lead tenant. I contacted my tenants and asked them to choose which of them would take on this role in light of the fact that this scheme required it. I have a signed letter from them all with a date which is within 2 weeks of the start of the tenancy confirming who they had chosen for this role.

    However, I was not aware of the requirement to provide them with all the 'prescribed information'. In fact I have only come to know of this recently as a consequence of a dispute regarding the condition of the property/damage done/deposit return. The letting agent sent me a cheque for the deposit some time (perhaps a week although I could not give an exact time period) after the start of the tenancy. I was only able to get to the bank a couple of weeks (3 weeks and 4 days after the start of the tenancy to be precise) later to deposit the cheque. I paid the monies into the scheme on the same day.

    The DPS subsequently sent them e-mail confirmation of this I believe.

    I had verbally informed them of the scheme within the first 10 days, had paid the deposit into the scheme within 4 weeks, and had not gained any benefit from their monies in the meantime. My only misdemeanour is not to have given them all the 'prescribed information' that is required, although as law students, I am surprised they never asked about it.

    They have (because I am making a request for some dilapidation costs) now brought this up (a year later), stating that I did not meet the exact requirements of the law, and that they are entitled to claim 3x the deposit and that they are considering their options.

    I feel this is grossly unfair, but am I up the proverbial faecal creek??


    Any advice would be appreciated.


    #2
    I remember the case as well. The CAB represented the tenant and were claiming 3xdeposit. The deposit had been protected but the tenants were not informed in the prescribed time.

    The landlord won on the basis - I think -that they had been told where the deposit was before the case had come to court. Someone can put you on to the right thread hopefully.

    Comment


      #3
      Thank you very much.
      If anybody could point me to the correct thread, I'd be grateful.
      In fact, if you could cite the case, I have access to various legal databases, including Westlaw and would be happy to read it myself.

      Thanks once again.

      Comment


        #4
        Can anyone point me in the right direction for more information on this?

        Comment


          #5
          Google TDS Case Lost!!! Going to appeal. The web site is moneysavingexpert.com.

          This is not the case that was on this forum but is relevant. In fact in this instance the deposit was not put into a scheme until court action was started. The judge still found in the LL's favour.

          Comment


            #6
            Thanks Kathryn. It does seem a little harsh to be liable for 3x deposit merely because the information regarding the deposit was not given out int the prescribed format and time period, when the deposit has been protected for over a year now.

            Thankfully, we have compromised on the dilapidations. Hopefully this will be the end of it.

            Comment


              #7
              Under the circumstances would it not be prudent to point out that all details of protection WERE in fact posted to the T within 14 days of you recieving the the dep (ie when Q was actually cashed ) and any queries regarding loss of such should be directed to royal mail ?????????!!!!!!!!!

              The Rodent
              A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
              W.Churchill

              Comment


                #8
                Originally posted by Rodent1 View Post
                Under the circumstances would it not be prudent to point out that all details of protection WERE in fact posted to the T within 14 days of you recieving the the dep (ie when Q was actually cashed ) and any queries regarding loss of such should be directed to royal mail ?????????!!!!!!!!!

                The Rodent
                That wouldn't gain you any credit (if push came to shove) because even 'proof of postage' isn't proof of delivery/receipt! Claiming Royal Mail has lost it...how unreasonable!

                Belt and braces job = recorded delivery OR signed declaration by tenant confirming they have received the information from landlord.
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                  #9
                  Originally posted by mind the gap View Post
                  That wouldn't gain you any credit (if push came to shove) because even 'proof of postage' isn't proof of delivery/receipt! Claiming Royal Mail has lost it...how unreasonable!

                  Belt and braces job = recorded delivery OR signed declaration by tenant confirming they have received the information from landlord.
                  Notwithstanding that though, is it unlikely that they will have grounds to sue on the basis that their deposit has been protected since September last year? And that the DPS sent them confirmation of this?

                  Comment

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