deposit protected late

[dkprops]

i protected a deposit on the 21st day (was not aware of the 14 day rule):, can i still be penalised??

[jeffrey]

No. The deposit protection (albeit late) ends your potential liability for the 3x deposit civil penalty.

[dkprops]

No. The deposit protection (albeit late) ends your potential liability for the 3x deposit civil penalty.

thank you sir thats an answer i was hoping for, but an association adviser told me that the tenant can still pursue the matter as i was in breach even though i protected it late, could they be wrong?

[jeffrey]

"Breach" of what, exactly?

[Poppy]

They can pursue what they want, but they’ll fail in this case.

[dkprops]

thank you jeffery and poppy, but i am still confused as some of advise i still get(from a landlord association) is that the tenants can still sue me for 3 times the amount for late protection,and the judge has to award it if it goes to court??,and the tenants have 6 years to pursue this matter?they said its the law and they gave me an example of say a 'car not taxed on time' thus an offence,does anybody know the right from the wrong on this?? and can i serve a section 21 on them?the contract is with three joint names, the house not registered as an hmo, the house is on 2 floors with 3 bedrooms 1 lounge 1 kitchen,the tenants are not related,please help!!

[tom999]

i am still confused as some of advise i still get(from a landlord association) is that the tenants can still sue me for 3 times the amount for late protection,and the judge has to award it if it goes to court??If deposit has been protected, then you're not liable (has already been mentioned above).
Was LL association NLA/RLA?
What did they say you were in breach of (as Jeffrey asked this in post #4)?


and the tenants have 6 years to pursue this matter?they said its the law and they gave me an example of say a 'car not taxed on time' thus an offence,does anybody know the right from the wrong on this??Irrelevant to deposit protection. If you are in breach of tenancy agreement, then tenant's could sue you, and have 6 years to do this, e.g. through the small claims court.


can i serve a section 21 on them?Yes, if deposit has been protected.


the contract is with three joint names, the house not registered as an hmo, the house is on 2 floors with 3 bedrooms 1 lounge 1 kitchen,the tenants are not relatedif T's share facilities (kitchen, bathroom or toilet) this may be classed as an HMO.

Under mandatory licensing, an HMO must be licensed if it has three or more storeys and is occupied by five or more tenants in two or more households, however some local authority's have additional/selective licensing schemes.

Contact your local authority to see if it it needs licensing before taking any action against the tenants.

[jeffrey]

Thank you jeffREy and poppy, but i am still confused as some of advise i still get(from a landlord association) is that the tenants can still sue me for 3 times the amount for late protection,and the judge has to award it if it goes to court?
Yes, but this is only a civil penalty and cannot be imposed on its own.


...and the tenants have 6 years to pursue this matter?they said its the law and they gave me an example of say a 'car not taxed on time' thus an offence,does anybody know the right from the wrong on this?
Civil wrongs: General time limits are imposed- 'sue by' dates- by the Limitation Act 1980 (but there are exceptions)

Tort (personal injury): 3yrs.
Tort (most other types): 6yrs.
Contract (even rent reserved by Deed): 6yrs.
Other actions based on Deed: 12yrs.

Criminal offences (inc. 'car not taxed on time' but all the way up to & inc. murder): virtually no time limits.

[dkprops]

thanks jeffrey and tom, so jeffrey do you now agree that they can sue me for 3 times as i protected my deposit after 21 days of receiving it, and if i understand correctly the tenants have to take civil action against me and they have 6 years for doing this. this is not something a judge would impose ( fine me 3 times)automatically if i were to serve section 21 and all this went to court

[jeffrey]

No, T cannot sue L (for the 3x) once deposit is protected and L sends Prescribed Information to T.

[Lea Beven]

I use a house share license and the deposit can not actually be protected with this form of agreement - the DPS will only protect deposits for tenants under an AST.