2 appeals against 3xdeposit penalty fail...

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    2 appeals against 3xdeposit penalty fail...

    An appeal by two landlords against a decision requiring them to pay a tenant thrice the deposit for a lease which they failed to timeously repay has been refused by judges in the Court of Session.

    See...
    http://scottishlegal.e-newsnow.com/2...posit-refused/
    &
    http://us5.campaign-archive1.com/?u=...b1f9a95b#News8

    Hope my paperwork is all in order....
    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...

    #2
    It would appear that the courts want this issue to be a very black and white issue.

    If for whatever reason you fail to comply in full with the requirements of the law on tenancy deposit then you will be fined three times the deposit amount.

    I don't think this is fair and the amounts involved are excessive but am confident my paperwork is all in hand so it will be your more unorganised landlord who will be most at risk.

    Comment


      #3
      Originally posted by theartfullodger View Post
      Does this claim only apply after 2012 then?

      "It is not insignificant that the defenders had until 30 November 2012 to register the pursuer’s deposit with one of the approved schemes. That was over four months after the regulations had first come into force. They chose not to do so. The present time limit, now that the transitional arrangements no longer apply, is only 30 days.

      Regards

      Comment


        #4
        Originally posted by Sandi View Post
        It would appear that the courts want this issue to be a very black and white issue.

        If for whatever reason you fail to comply in full with the requirements of the law on tenancy deposit then you will be fined three times the deposit amount.
        Smith v Chan: http://www.safedepositsscotland.com/...on-compliance/
        Jenson V Fappiano: https://www.scotcourts.gov.uk/search...0-ff0000d74aa7

        So no.

        Comment


          #5
          TC Young report another appeal lost...

          http://www.tcyoung.co.uk/blog/2015/p...further-appeal
          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...

          Comment


            #6
            Originally posted by theartfullodger View Post
            TC Young report another appeal lost...

            http://www.tcyoung.co.uk/blog/2015/p...further-appeal
            Excellent - only way for landlords to comply is to make them hurt financially. Paying to the tenant is better is it hurts the landlord more emotionally too. We need to drive landlords into submission on the laws they seem to think do not apply to them. Strict liability the only way.

            To the landlords - you can render this process obsolete - get your affairs in order!

            Comment


              #7
              Originally posted by theartfullodger View Post
              TC Young report another appeal lost...

              http://www.tcyoung.co.uk/blog/2015/p...further-appeal
              Am I missing something? All three cases you've linked to are the same, ie https://www.scotcourts.gov.uk/search...0-ff0000d74aa7

              Anyhow, another sensible decision from the Courts: https://www.scotcourts.gov.uk/search...0-ff0000d74aa7

              So far I'd say Smith v Chan is the most extreme outlier, 1x for a wrong postcode seems awfully harsh -- particularly in the context of some of the later decisions -- but otherwise the system appears to be working rather well IMO. Examples of wilful disregard for the legislation and bad faith by the Landlord (eg Fraser v Meehan) attract the highest sanction, minor infractions significantly less.

              Comment

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