Advice on TDS

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    #16
    Originally posted by westminster View Post
    OP says the uncle is so completely averse to deposit protection.
    My impression was ignorance rather than aversion. However, OP can take their choice

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      #17
      Originally posted by Snorkerz View Post
      My impression was ignorance rather than aversion. However, OP can take their choice
      Yes, I slightly edited my comment after re-reading OP's initial post. I gained the impression because the uncle is busy refunding all the T's deposits and issuing new contracts, yet OP said he had explained about the DPS. Obviously far less bother, and more security, for the uncle just to protect the protectable deposits, but for whatever reason he doesn't see it that way.

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        #18
        Thanks for all your assistance.

        When sending the cheque to the tenant should it include the £25 court fee or only the deposit amount?

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          #19
          Originally posted by Mikestr View Post
          Thanks for all your assistance.

          When sending the cheque to the tenant should it include the £25 court fee or only the deposit amount?
          Why is he sending it to the ex tenant?
          If the tenant receives it, and doesn't cash it, what will your Uncle do?

          Just protect it for free!
          Allow tenants to protect their own deposits. I want free money when they do it wrong

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            #20
            hi Saint,

            If it is protected now after the tenant has moved out won't that look 'odd' to the court?

            I read the earlier thread about a test case coming up on this but will it help?

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              #21
              Originally posted by Mikestr View Post
              When sending the cheque to the tenant should it include the £25 court fee or only the deposit amount?
              Just the deposit.

              Originally posted by Mikestr View Post
              If it is protected now after the tenant has moved out won't that look 'odd' to the court?
              Not really. It'll just look like he wants to comply with deposit legislation.

              Returning the deposit or protecting it late are both defences to a claim for non-compliance. See these blog posts which explain why - up to your uncle how he decides to proceed (if he chooses protection, he must also send T the prescribed information and keep evidence of having done so):

              http://blog.painsmith.co.uk/2010/02/...cision-on-tdp/
              http://nearlylegal.co.uk/blog/2009/0...it-gets-worse/

              I read the earlier thread about a test case coming up on this but will it help?
              The cases have already been heard, but we don't know the decision yet. It might confirm that late protection gets LL off the hook, or it might not - so it's impossible to say whether or not it'll help your uncle. Also impossible to say whether returning the deposit or protecting it late is the better defence - the rulings will almost certainly be known by the time your uncle's case is heard, but meanwhile nothing is certain.

              Is your uncle familiar with the proper notice T must give in a periodic tenancy, i.e. at least one month and expiring at the end of a rental period? Because he should counterclaim for as much rent in lieu of notice as possible, given that he is facing a possible order to pay £900 + court fees.

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                #22
                My uncle has decided that Westminster's suggestion of returning the deposit to the tenant by ordinary mail and informing the court of this as well as the reason why we were not able to return it earlier with no address and adding all the other facts as mentioned and counterclaiming for the rent not paid is the best way forward.
                If anynone has anthing else they think that we should add please let us know otherwise I will advise in the future of the outcome, thank you.

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