It pays landlords to be knowledgeable about tenancy deposit protection.
Get it wrong and you could forfeit a sum equivalent to three times the tenant’s original deposit.
That applies even if you trust a letting agent to handle the deposit for you. If that is the case, then you personally must check that the deposit has indeed been registered correctly, and that the tenant has been given the prescribed information.
If you don’t do either of these things, then you could be in for an expensive shock.
See here for this must-read cautionary tale in The Guardian.
https://tinyurl.com/68svgea
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Any landlord being prosecuted under this legislation should contact me. I can help you. www.adrsolution.co.uk
Sorry. I meant to say:
However, had the landlord taken proper advice - he would not have had to pay 3 times the ** DEPOSIT **, as he could have registered the amount of one deposit before the court case - and then just repaid that deposit - As has legally been confirmed.
I presume that this is the the correct link -
http://www.guardian.co.uk/money/2011/jul/02/landlord-kept-tenants-deposit-rented-property
You will probably have to cut and paste in your browser.
However, had the landlord taken proper advice - he would not have had to pay 3 times the rent, as he could have registered the amount of one deposit before the court case - and then just repaid that deposit - As has legally been confirmed.
Tenancy deposit protection – another disappointing decision - for tenants
20 May 2011
In the case of Gladehurst Properties Ltd v Hashemi, the Court of Appeal has held that an assured shorthold tenant cannot make a claim against their landlord under the tenancy deposit protection legislation once their tenancy agreement has ended.
This is a disappointing decision and comes not long after another Court of Appeal decision in Tiensia, which said that a landlord could lawfully protect a tenancy deposit up until the date of the court hearing if a tenant issued proceedings for non-protection.
The Gladehurst case effectively means that the intention of the tenancy deposit protection provisions in the Housing Act 2004 is now all but destroyed.
Aside from the sanction of a bar on issuing a section 21 notice during the tenancy if the deposit is not protected, the landlord will only be hit with a three times fine if:
• they fail to protect or return the deposit during the tenancy, and
• they have not corrected that requirement by the time of the hearing, and
• the tenancy has not ended.
Your link to the Guardian article is wrong