Missing the TDS deadline of 14 days

[Clara712]

What happens if a LA puts the deposit into a scheme a few days after the 14 day deadline? Can the tenant still sue for 3x the deposit etc?

Also what if the deposit is placed with a scheme several months after the deadline?

Any assistance appreciated!

[Editor]

It appears that the landlord can prevent sactions against him providing he complies, even if this is late. See the review of the TDS by Barristers Daniel Dover and Michael Walsh:
http://www.landlordzone.co.uk/pdf/TDS12months_on.pdf

[Clara712]

Many thanks for this reply

[kayak]

It appears that the landlord can prevent sactions against him providing he complies, even if this is late. See the review of the TDS by Barristers Daniel Dover and Michael Walsh:
http://www.landlordzone.co.uk/pdf/TDS12months_on.pdf

Hold up! :cool:

I have just read the review but I can't see any evidence that what they say is actually the case?!

Now, I am sure they haven't just made it up but where are the cold hard facts that this is actually the case?

Kind regards,

John

[Paragon]

Sanctions
As stated in the introduction, for so long as the requirements are not complied with a
landlord will not be able to serve a notice pursuant to HA 1988, s 21 (HA 2004, s
215). Essentially the new defence available to tenants against landlords who do not
comply with the scheme is merely a delaying measure. The landlord can then ensure
he complies with the scheme and re-serve a s 21 notice, which will then be entirely
valid

[kayak]

Sanctions
As stated in the introduction, for so long as the requirements are not complied with a
landlord will not be able to serve a notice pursuant to HA 1988, s 21 (HA 2004, s
215). Essentially the new defence available to tenants against landlords who do not
comply with the scheme is merely a delaying measure. The landlord can then ensure
he complies with the scheme and re-serve a s 21 notice, which will then be entirely
valid

Yup, I agree with that, but the invalidating of the S21 is only one of the sanctions.

I was more thinking along the lines of the 3x penalty, and it seems that Editor is saying that late compliance will remove all of the sanctions. I am not necessarily disagreeing with this, I am just querying if I am understanding this correctly, and where the article got its information from.

Kind regards,

John