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Is there any definitive advice on what needs to happen for the courts to order the LL to pay the 3x penalty.

 

Some people seem to think that if that the LL fails to inform the tenant of his obligations within 14 days, the penalty applies. In Hansard, the Lords seem to suggest (Tenancy Deposit Order 2007) that the penalty only applies if the LL refuses to protect the deposit after the court has asked. But the HA seems to suggest swomething slightly different.

 

Can someone clear up the reality for me?

 

My deposit was not protected within 14 days, but it was protected afterwards. I was not given any information until I asked the scheme for it, months later.

 

Many thanks

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The simple answer is "we dont know".

 

There is as of yet no case law to establish how the courts are going to read this. Not ideal, but thats where we are.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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