x3 deposit rule

**HPC** · 07-12-2012 11:42 AM

Is there a statute of limitations on how long the tenant has after they have moved out of the property to use the x 3 rule on a deposit that was not logged?

**thesaint** · 07-12-2012 12:12 PM

Six years.

**LesleyAnne** · 07-12-2012 12:44 PM

And it is the 1-3x deposit penalty; no guarantee to get 3x, and if deposit was returned in full, judge may be lenient!

**westminster** · 07-12-2012 13:07 PM

Originally Posted by HPCLettings

Is there a statute of limitations on how long the tenant has after they have moved out of the property to use the x 3 rule on a deposit that was not logged?

When did the tenancy end? If it was before April 2012, then the T cannot claim due to the judgment in Hashemi v Gladehurst in 2011. A T cannot claim after the tenancy has ended.

However, in April this year, deposit law was amended to close this loophole.

**jjlandlord** · 07-12-2012 14:03 PM

Originally Posted by thesaint

Six years.

What is your source?

Edit:
Could be the Limitation Act 1980, s.9:

9 Time limit for actions for sums recoverable by statute.

(1)An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued.

**MrJohnnyB** · 07-12-2012 14:52 PM

Originally Posted by jjlandlord

What is your source?

Edit:
Could be the Limitation Act 1980, s.9:

However, even the Limitations Act can be extended. For example if the tenants knowledge of the harm was not apparent for an extended period beyond the 6 years they may still be able to claim.