Tenancy Deposit Problems

[bernngilly]

Hi, this is totally new to me, I really need advice.
I have second property, rented through an agent since 2009. I issued asection 21 notice in March 2012. Tenants did not/have not moved. Used solicitors recommened by agent. Sect.21 failed because deposit was not protected at date of issue of Sect.21. Found out that deposit was not protected between Aug.2009 and July.2012.
Now proceeding with sect.8 coupled with new sect.21 as tenants now owe over £3500 in rent, and have not paid since March when original notice given. Waiting for new court date as papers submitted today.
As a result of this suffered loss of earnings as Foster Parent as Daughter's family are living with us due to hold-up with house, and fostering agency unable to place at present. Can I sue the agent for negligence.

[Lawcruncher]

I think you should be able to sue not only the agent for serving an invalid notice, but also the solicitors for failing to take the elementary precaution of checking that the deposit was protected when the notice was served. Any damages you are entitled to will be restricted to those which were reasonably foreseeable.

[bernngilly]

I'm pretty sure the solicitor was lied to until he did his own online checks, then he instructed them to get it sorted to make sure later actions would be OK

[mariner]

Ultimately it is LLs resp for ensuring deposit is protected in an approved scheme AND providing Ts with statutory 'reqd info' If deposit was not protected until July 2012, you missed the Localism Act deadline of 5th May so s21 will again prob fail unless you return the full deposit asap
s8 should not be affected and you should proceed with s8 g8,10,11 first.
For which Notice do you have a Court date? AFAIK both cannot be heard together.

[Snorkerz]

Not only will your section 21 fail if you still held a deposit at the time of service, but you are liable for the civil penalty for non protection.

As Mariner says, the section 8 should not be affected - note 'should not' not 'will not'. There have been successful defences of section 8 claims regarding deposit non-protection but they related to the 'old' rules'.

Any penalty that you suffer as a result of the agents actions should, indeed, be recoverable from the agent (through the courts).