Comments on: Another tenancy deposit decision http://www.landlordlawblog.co.uk/2008/10/29/another-tenancy-deposit-decision/ From landlord and tenant solicitor Tessa Shepperson Fri, 10 Feb 2012 12:01:10 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Anonymous http://www.landlordlawblog.co.uk/2008/10/29/another-tenancy-deposit-decision/comment-page-1/#comment-186 Anonymous Mon, 03 Nov 2008 16:28:00 +0000 http://www.landlordlawblog.co.uk/?p=190#comment-186 As far as I can see, TDS includes in its "initial conditions" that the 14-day period for protecting a deposit *must* be met, and further, that the contract *must* include certain prescribed terms. I have heard of a case where a deposit was accepted by the TDS, but then TDS refused to take the dispute resolution case, advising tenant to sue for the 3x deposit because the TDS terms weren't incorporated into the contract.<br/><br/>So landlords who foul up are (it would seem) well-advised to use DPS. As far as I can see, TDS includes in its “initial conditions” that the 14-day period for protecting a deposit *must* be met, and further, that the contract *must* include certain prescribed terms. I have heard of a case where a deposit was accepted by the TDS, but then TDS refused to take the dispute resolution case, advising tenant to sue for the 3x deposit because the TDS terms weren’t incorporated into the contract.

So landlords who foul up are (it would seem) well-advised to use DPS.

]]> By: Nearly Legal http://www.landlordlawblog.co.uk/2008/10/29/another-tenancy-deposit-decision/comment-page-1/#comment-185 Nearly Legal Wed, 29 Oct 2008 23:03:00 +0000 http://www.landlordlawblog.co.uk/?p=190#comment-185 Interesting, although not at all surprising. The emerging County Court consensus is pretty much how may of us thought it would be taken, but there are some significant issues still to be played out. For instance, what of a claim after the tenancy has ended before the deposit is entered into a scheme?<br/><br/>I'll put a precis and link on Nearly Legal if that is OK. Interesting, although not at all surprising. The emerging County Court consensus is pretty much how may of us thought it would be taken, but there are some significant issues still to be played out. For instance, what of a claim after the tenancy has ended before the deposit is entered into a scheme?

I’ll put a precis and link on Nearly Legal if that is OK.

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