Tenancy deposit protection

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    Tenancy deposit protection


    I've been researching this, but am getting confused now. I
    Paid a £600 deposit in August 2007 to my landlady and kept the receipt. I was served notice in September Last year and it went to court in february And the lady judge threw the case out because my landlady didn't protect the deposit.

    Now they have served another notice in march, but they didn't send me the tenancy deposit details. I've now found out it was protected at the end of may.

    How does this affect me and any new eviction process.

    Thanks for help.

    The section 21 notice is still invalid as the deposit was not protected at the time the s21 was served. Your landlady had up until the 5th May 2012 to protect the deposit. If she protected it after 5/5/12 she can not issue a valid section 21 notice without first either
    1) refunding the deposit in full; or
    2) using all/some of the deposit to clear your liabilities with your permission.


      Thank you. What do you mean by my liabilities?

      Also, if I decide to take him to court for the deposit, will I get my deposit back then?



        Liabilities would be rent owed and/or damage caused, but can only be used if you agree (suggest you don't).

        Assuming you want to stay as long as possible let the new case get to court, thrown out again due to invalid S21 & see how long you can keep it going...

        You might not get a very good reference, or one at all mind: But probably they'll give you a wonderful reference if you just agree to go..

        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


          Originally posted by Cressida View Post
          Also, if I decide to take him to court for the deposit, will I get my deposit back then?
          There are 2 ways you can take him to court for your deposit:

          1) Deposit only. You can not do this until after the tenancy is ended, but such a claim would almost certainly be allocated to the small claims track where fees are low(ish) and the process is DIYable for most.

          2) Deposit and penalty for non-protection. The penalty for non-protection can be up to 3 times the deposit amount. You can do this now, but the courts should allocate this to the 'multi-track' which is much more complex - you'd probably need a solicitor - and the fees are much higher - iro £1500.

          2a) even after the deposit is returned, you can still claim the civil penalty, but it is the same court process.

          If you win then it is almost certain that the landlord would have to refund to you any court fees you had had to pay (either process) and your solicitors fees if not heard in small claims.


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