TDS - Is CAB advice correct?

[DevonShrimper]

My daughter is currently renting a property from a not-to-good LL. Apart from the LL refusing to repair/replace the extremely warped front door that is bent so much you can actually see the pavement outside, she has discovered that the LL hasn't placed the deposit in a TDS. She moved in May 2007.
She spoke to CAB about how to get the LL to fix the door and also about the TDS. After a reasonable amount of research on this site, I had suggested she take the LL to court for the TDS, and to bear in mind that the LL can't evict her under S21 if no TDS is in place.
CAB have told her that this is not true and there is no sense in taking the LL to court over the TDS as <quote> Courts aren't finding them guilty as the law hasn't been publicised enough. <unquote>
Does anyone know if this is the case? Is there any case history yet in this matter?

[Steve__M]

I think we're all waiting with bated breath for the first cases here to be judged upon. I would hope that a landlord unaware of his obligation, but who fulfils it after being asked (eg. in a Letter Before Action) would not be fined.

But, if you write to the landlord and clearly inform him with reference to the law what you will claim (protection of deposit and payment of three times the deposit) and the law on which it is based:

Housing act 2004, Sections 212-215:

Housing Act 2004 (c. 34)

and give him adequate notice to comply, then surely he doesn't have a leg to stand on if he continues to break the law.

[Joa]

I have spoken to some housing solicitors recently and have been told that there is very little in a way of guidance or attitude from district judges- there is so few cases that nobody knows how this is going to develop.
With regards to the advice from CAB; I think TDS was well enough publicized and people who were interested in landlording business are aware of it. There will always however be landlords who do not take relevant laws seriously, who are ignorant or who count on tenants' ignorance.
With regards to the disrepair problem that your daughter is facing; I'd use the knowledge about landlord's shortcomings as a leverage to get him to act- unless she is not bothered about seriously souring the relationship with the landlord and proceeds with the court action. Alternatively, there are other remedies with regards to disrepair, which can be found here: Disrepairs in privately rented accommodation

[DevonShrimper]

My daughter has decided that enough is enough and has found a new flat through an estate agent. Same kind of rent but of course estate agent fees and such then come into play. Her decision, she's fed up with trying to get the place fixed and thinks it's easier to just leave than pick a fight with the LL. Probably what most bad LLs are hoping their tenants do rather than do their job.