View Full Version : Deposit protection claim for deposit x3

03-02-2010, 14:24 PM
Hello all

I have received an email from my previous tenants father stating that they will claim for 3 x deposit because as they received no notice with required information as set out in Section 213(4) of the Housing Act 2004 within the notice period of 14 days.

I protected the tenants deposit late. I haven't returned the deposit purely for the fact that the tenant failed to pay me the final months rent before vacating and also left my property damaged.

The tenants father is demanding a sum equal to two months rent for failure to protect deposit within 14 days.

Summary of key facts:

-Deposit protected in The DPS very late (but before end of tenancy agreement).

-Tenant didn't communicate notice to leave per tenancy agreement:
(a verbal a phone conversation was had with the tenants father 4 weeks prior to tenant leaving. This is despite tenancy agreement stating that notice must be given in writing with two calender months notice)

-Tenant vacated property without paying final months rent (equal to deposit)
and leaving damage to property costing £800 approx (some of this was disputed by tenant).

-Tenant has twice given verbal notice to leave property, only to change their mind and on both occasions within 48 hours of move date (leaving new tenants with no where to live).

Look forward to hearing from you.


03-02-2010, 14:32 PM
There are dozens of LZ threads on this. Basics: if L has complied, even late, T cannot obtain a s.214(3) Order to protect/return deposit [already done]; and, consequently, the 'also' wording of s.214(4) cannot apply.

Mars Mug
03-02-2010, 14:34 PM
It might also be worth looking up the required notice periods in previous threads.

03-02-2010, 17:00 PM
These 'try-it-on' merchants!

Write back to the father, tell him feel free to sue, and you will counter sue for the £800 damage.