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Rent deposit - notifying T |
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In a recent case, L took a rent deposit and properly placed that in a Tenancy
Deposit Scheme. But, L did not notify T of the details of the scheme within
the 14-day statutory period. This came to light when L started possession
proceedings for rent arrears, at which stage T was given the prescribed
information. However, T argued that the 14-day penalty had been breached
and therefore L should pay the statutory penalty of three times the deposit.
The County Court judge disagreed. In his view, the information had been
provided to T by L before T submitted his application to the court. That being
so, no penalty was due. It does seem a somewhat surprising decision but, if
correct, does give Ls more time to notify Ts of deposits. See Harvey v Bamforth,
Sheffield CC (unreported) noted in [2008] SJ 9 September 5 .© Practical Lawyer
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October 2008 |
