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Oct, 2014

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Thread: x3 deposit rule

  1. #1

    Default x3 deposit rule

    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?

  2. #2
    Join Date
    Oct 2006
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    7,357

    Default

    Six years.
    Stalkers, please go over this comment with a fine tooth comb.

  3. #3
    Join Date
    Apr 2010
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    UK
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    Default

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

  4. #4
    Join Date
    May 2009
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    14,115

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    Quote Originally Posted by HPCLettings View Post
    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.

  5. #5
    Join Date
    Nov 2010
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    5,414

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    Quote Originally Posted by thesaint View Post
    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.

  6. #6
    Join Date
    Nov 2008
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    Suffolk
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    Quote Originally Posted by jjlandlord View Post
    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.
    The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the salient facts BSc (Hons)

  7. #7
    Join Date
    Jan 2011
    Posts
    3,503

    Default

    Can you provide a citation for that premise MrJohnnyB?

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