Tenancy deposit not taken

[Kirkos1]

I went county court with my mum on Tuesday and the case was not heard as the judge recommended a 2 -3 hour hearing.

my mum is being taken to court for not protecting a deposit.

but my mother has a signed and witnessed assured short hold tenancy agreement that clearly shows that no deposit will be taken.

the tenant was claiming housing benefit and a Discresionary housing payment was awarded and paid directly to my mums account but she thought it was rent in advance but the council have said it was a deposit, 

i have a witness statement from the claimant that states that she only had the first and last pages of a 7 page agreement which contain none of the particulars and also a confirmation from the council that the agreement that they have does not contain anything about rent, dates , deposit or anything other than my mums name and the tenants name, 

there is also in the housing act of 2004 chapter 4, section 213. Paragraph 8 under the heading tenancy deposit, which states !

• tenancy deposit”, in relation to a shorthold tenancy, means any money intended to be held (by the landlord or otherwise) as security for—

  (a)

  the performance of any obligations of the tenant, or

  (b)

  the discharge of any liability of his,

  arising under or in connection with the tenancy.

(9)

 I would be very greatful any any of your views on this as the costs of defending this are alot

[king12345]

Doesn't your mum have the original complete signed agreement?

Also, what about communication regarding the money that the council gave your mum?

There must be something in writing, otherwise the council wouldn't have transferred any money.

Should be easy to get the case dismissed if you find the paperwork and everything is above board. 

[Kirkos1]

Hi king. Yes she has the original signed and witnessed agreement. The council say they paid it as a deposit and sent my mum and the tenant confirmation of this but my mum thought they had uses the wrong terminology and thought it was rent in advance. In line with councils own policy on overpayments they would simply take it back on the next payment if wrong.

in the tenants witness statement they claim they only had the first 2 pages of the agreement which do not contain any of the particulars, I e the dates, the rental amount, how it is to be paid and whether or not there is a deposit. I it confirmed by two council employees that their copy of the agreement does not state anything about deposit, or rent in advance and the dates are wrong, tenant claims occupancy from 4th feb and agreement 15th. ?

[king12345]

So they told your mum they were paying a sum of money as deposit, correct?

But in the agreement there's no mention of any deposit, correct?

Is every page of the agreement signed by the council official and tenant?

[Kirkos1]

Yes, Correct, in the agreement signed by all parties and each parties signiture is witnessed and signed by the witness, not each page but on the last page as it is required. 

In the agreement it states no deposit will be taken and rent payable in advance.

[king12345]

Yes, last page as required, but leaves open the door for claims of falsification.

Always sign all pages of anything to be signed.

You will have a mission to convince the judge.

Have you spoken to a solicitor?

Have you got landlord insurance?

They usually cover legal disputes, check it out.