Friday, May 20, 2011

No effective protection for deposits following Court of Appeal decision

Tenancy deposit protection bites the dust

Given the large number of renters here, this is of importance. The article is by a lawyer, interpreting the effect of a Court of Appeal decision on the previous government's tenancy deposit protection scheme. Essentially, the court has ruled that the penalties cannot be applied if the tenancy has finished (which kind of defeats the purpose), so landlords can do what they wish (again).

Posted by notyethomeless @ 01:19 PM (1886 views)
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9 thoughts on “No effective protection for deposits following Court of Appeal decision

  • sibley's b'stard child says:

    Sheesh that is bad news, let’s face it, one’s LL is only going to start playing silly buggers after you’ve vacated the property.

    “Don’t worry, i’ll get your deposit back to in a couple of weeks time.”

    Reply
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  • As I said a very short time ago. The justice system will favour the biggest establishment figure, because that’s what it’s there for.

    There may be the odd exception flashman, just to appease the serfs that payrole into this system.

    Again, ‘Sweet Dreams.’

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  • hhhmmmmm so does this then work the other way and the landlord cannot pursue you for any claim of unpaid rent or damages after the tenancy has ended? – If this is now the case then most renters will simply not pay their last months rent.

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  • This is an appalling abuse of interpretation of the statute.

    If I’ve got this right it means that tenants have to apply for penalties to be applied for the non-return of the deposit before the landlord has even said how much of the deposit they will return. I’ll bet the TDS rules are that claims cannot be pursued until the landlord has refused return of the deposit paving the way for the landlord to lie all the way to the bank.

    Astonishing abuse of process.

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  • crash n burn says:

    Well I trust monies already gained by me cannot be retrospecitvely appealed. I got a juicy payout from my last evil landlady bee-arch and I don’t plan to give a penny back.

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  • 25. Crunchy said…22. phdinbubbles

    If your a homeowner in the pyramid scheme you are now firmly in the establishment, unless the banks think otherwise.

    Our so called justice system always favours the highest establishment figure, that’s what it’s there for.

    Wednesday, May 18, 2011 11:27AM

    Just for the record flashman.

    Le Crunch strikes again. lol

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  • stillthinking says:

    You always have to give a months notice, so what about giving notice to the landlord that if you don’t have the deposit in full two days before the end of the tenancy agreement, there will certainly be more than the deposits worth of damage.
    Or just don’t pay the last months rent. When I had to get a flat, this was through Gascoigne Pees, there was no check against previous landlords, just whether I was employed and my savings.

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  • stillthinking says:

    Thats just stupid of course. I feel a bit sorry for my landlord, he paid 150K in 2007, I pay 675 a month now, he has the letting agents fees to contend with and the boiler has gone, so thats 3k gone roughly and I doubt very much Gascoigne Pees are concerned about his costs when they arrange the replacement.

    Hardly worth it (unless you are Gascoigne Pees).

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  • @stillthinking

    “just whether I was employed and my savings.”

    A letting agent asked about your savings? I’ve never come across that before.

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