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Snowcapt
02-02-2010, 14:21 PM
Hi,

From reading the provisions on 3 x deposit amount fine that L can be ordered to pay, it seems the court must do this in connection with T applying for an order that L comply i.e. pay into a scheme.

If L already complied and the deposit is now held in a scheme, but L did this outside the 14-day period, can T still go to court for an order that L be fined?

Many thanks for replies.

Snorkerz
02-02-2010, 15:20 PM
The current situation is that the landlord is unlikely to be made to pay the 3x to the tenant if the deposit is either protected or returned before the court date. However, there is a test case currently on, Draycott v Hannells Lettings Ltd, where Mr Justice Tugendhat has reserved his decision for a while.

jrsteeve
02-02-2010, 15:31 PM
If you are T and deposit has now been protected, why cause such a fuss? Could make things difficult for you when you vacate and need their reference.

Snowcapt
02-02-2010, 15:55 PM
The current situation is that the landlord is unlikely to be made to pay the 3x to the tenant if the deposit is either protected or returned before the court date. However, there is a test case surrently on, Draycott v Hannells Lettings Ltd, where Mr Justice Tugendhat has reserved his decision for a while.

Snorkerz: Great, many thanks for your quick reply and also case citation.

jrsteeve: I agree, I am L who belatedly found out about the rules in connection with rent arrears/ s21/ s8 notices...

Cipher
02-02-2010, 16:37 PM
Snowcapt,
Not protecting your deposit will not affect you serving a S8.
It only affects S21.
Protect it non the less

westminster
02-02-2010, 17:01 PM
However, there is a test case currently on, Draycott v Hannells Lettings Ltd, where Mr Justice Tugendhat has reserved his decision for a while.
Yes, I am looking forward to the judgment.

It should be noted that one of the three schemes - http://www.thedisputeservice.co.uk/ - has apparently amended its T&C so that the "initial requirements" (i.e. s.213(4)) include protection within 14 days.