SPhilpott

Another point on this I would like to clarify... I think my situation may apply to others also.... In a similar situation, great tenants, LL didnt protect deposit, LL avoided us, and then only returned deposit after LBA, and then with deductions which were unreasonable. (it was stated clearly in the contract it was his cost and not ours). We then sent another LBA, nothing, so lodged claim. LL then returned the remaining deposit as part of his defense (after 5 months). His argument is that the Judge cant rule 213(3)(a) protection or 213(3)( return of the deposit, so therefore cant enforce the 213(4) penalty clause, as follows: "The court must also order the landlord to pay to the applicant a sum of money equal to three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order." Because it cant 'also' do something if it cant do the first... In other words, the little rotter is trying to get away with not protecting our deposit, having a crack and taking money off us, hoping we dont have the time or money to go to court, and now we have gone to court, he's paid it back and claims that he isnt liable due to the wording of the act? Any idea how we challenge this in court? I dont want to let him get away with this. Also, Shylock, thanks for the advice you gave last time, was very helpful.

Shylock, there's a firm view of some people that an ex tenant cant actually apply for the 3x deposit in the first place, have you seen this argument? If you had, did you get any legal advice around this? Could be a show stopper from the start.... Bascially due to the wording saying that 214 Proceedings relating to tenancy deposits (1) Where a tenancy deposit has been paid in connection with a shorthold tenancy, the tenant or any relevant person (as defined by section 213(10)) may make an application to a county court on the grounds— Thoughts?

Thanks for this Tim. So in my case, where the deposit was returned after the claim was lodged with the court, you think theres a good chance that I wont have to pay the legal fees of the Landlord if I lose? Ie if the judge rules that that he cant order the 3x fine because he cant order the protection or return of the deposit? Note also this isnt going through the small claims, its going through the county court. Is there a hard and fast rule that if the 3x award isnt given, that the tenant will have to pay the LL's costs?

I thought that might be the case. I guess a Judge wouldnt order the return of the deposit, and then offset it by the amount paid already if its all been paid. I guess it means that the law sucks! Any landlord can now just keep hold of the deposit and wait until the day before court before paying it back and there's no repercussions. Why use the scheme? I thought it was a statutory obligation. I guess not.

Thanks planner... just spent a good couple of hours googling. Quite a bit out there, but only a few cases to court. Here is a comment from you I am curious about: (From here) "It is immaterial that the landlord as already repaid the initial deposit, as the court order will not distinguish between the defendant paying the claimant £x for deposit and £x for non-complaince it will simply be one amount, from which the amount already repaid will be offset." This seems to go against one of the recent cases where the tenant lost due to judges view of the dependence between 214(3) and 214(4), ie that without the option of ordering 214(3), the 214(4) cant be ordered... How do you think this argument would stand up in court? Many thanks for your help.

Thanks alot... pretty much sums up what I thought. I guess time will tell. Do you have any links to those cases you mentioned? Also, given the above, will I have to pay the defendents court costs if I lose? Can go either way also?

Hi there, I was wondering some advice on my Tenancy Deposit Scheme Non-compliance case. Will try and keep this quick and simple for you. 1) Moved out in December after 12 month lease. 2) Deposit unprotected and has never been protected. 3) Full deposit only returned AFTER the N208 form was submitted through the courts and then claim received by the LL, 4 months after I moved out so as part of his defence in attempt to defeat this claim. Questions 1) Can he defeat the claim by paying back the full deposit? 2) What are my chances? 3) How can I challenge this is court? 4) Are there any cases similar to this? All help greatly appreciated.