Comments on: Tenancy deposits schemes – High Court Decision http://www.landlordlawblog.co.uk/2010/02/13/tenancy-deposits-schemes-high-court-decision/ From landlord and tenant solicitor Tessa Shepperson Fri, 10 Feb 2012 17:12:56 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Tenancy Deposit Court of Appeal decision – the Judges’ dilemma « FreeLegalWeb http://www.landlordlawblog.co.uk/2010/02/13/tenancy-deposits-schemes-high-court-decision/comment-page-1/#comment-9992 Tenancy Deposit Court of Appeal decision – the Judges’ dilemma « FreeLegalWeb Mon, 15 Nov 2010 12:51:00 +0000 http://www.landlordlawblog.co.uk/?p=1831#comment-9992 [...] therefore affect the landlords liability for the penalty.  Which cuts out the prospect, raised in my post on the Draycott case, of the tenants’ chances of success depending on the rules of the particular scheme used. This [...] [...] therefore affect the landlords liability for the penalty.  Which cuts out the prospect, raised in my post on the Draycott case, of the tenants’ chances of success depending on the rules of the particular scheme used. This [...]

]]> By: Webranger http://www.landlordlawblog.co.uk/2010/02/13/tenancy-deposits-schemes-high-court-decision/comment-page-1/#comment-9003 Webranger Wed, 20 Oct 2010 20:54:29 +0000 http://www.landlordlawblog.co.uk/?p=1831#comment-9003 It's not the biggest problem but the responsibility being on the landlord even when an agent receives the deposit is certainly one very unjust feature. Obviously a landlord should have an arrangement whereby the agent immediately sends him/her a copy of the Certificate and Information whenever a deposit is protected and the agent's agreement should indemnify the LL against any costs and penalties created by the agent's failures, AND the agent's website SHOULD have a password protected area for the LL, but even these don't completely protect the hapless LL. If LL lives abroad or is away on holiday or the agent goes bust or AWOL, then LL can still have to carry the can. Perhaps one should ensure that agent has indemnity insurance to cover all the angles. I may be about to start using a letting agent myself, so I will have to carefully look at all this. It’s not the biggest problem but the responsibility being on the landlord even when an agent receives the deposit is certainly one very unjust feature.

Obviously a landlord should have an arrangement whereby the agent immediately sends him/her a copy of the Certificate and Information whenever a deposit is protected and the agent’s agreement should indemnify the LL against any costs and penalties created by the agent’s failures, AND the agent’s website SHOULD have a password protected area for the LL, but even these don’t completely protect the hapless LL.

If LL lives abroad or is away on holiday or the agent goes bust or AWOL, then LL can still have to carry the can. Perhaps one should ensure that agent has indemnity insurance to cover all the angles.

I may be about to start using a letting agent myself, so I will have to carefully look at all this.

]]> By: Ken Mayo http://www.landlordlawblog.co.uk/2010/02/13/tenancy-deposits-schemes-high-court-decision/comment-page-1/#comment-8989 Ken Mayo Wed, 20 Oct 2010 11:53:41 +0000 http://www.landlordlawblog.co.uk/?p=1831#comment-8989 The big problem with the deposit protection scheme is that a landlord cannot access the agents domain on the web site to ensure that the deposit has been placed where it should have been!!! Major flaw in the system, so, if this is the case then how can the landlord be liable when the deposit placement is outside his/her control? The big problem with the deposit protection scheme is that a landlord cannot access the agents domain on the web site to ensure that the deposit has been placed where it should have been!!! Major flaw in the system, so, if this is the case then how can the landlord be liable when the deposit placement is outside his/her control?

]]> By: Tessa Shepperson http://www.landlordlawblog.co.uk/2010/02/13/tenancy-deposits-schemes-high-court-decision/comment-page-1/#comment-7293 Tessa Shepperson Tue, 24 Aug 2010 08:29:55 +0000 http://www.landlordlawblog.co.uk/?p=1831#comment-7293 Helen, I am afraid that (apart from a few general comments/suggestions) I do not give legal advice here on specific cases - you will need to speak to your solicitor. Sorry. Helen, I am afraid that (apart from a few general comments/suggestions) I do not give legal advice here on specific cases – you will need to speak to your solicitor. Sorry.

]]> By: helen http://www.landlordlawblog.co.uk/2010/02/13/tenancy-deposits-schemes-high-court-decision/comment-page-1/#comment-7291 helen Tue, 24 Aug 2010 08:19:13 +0000 http://www.landlordlawblog.co.uk/?p=1831#comment-7291 yes but the judgement is for an amount of damages to be assessed by the court, not three times the amount, would this perhaps be a mistake by the court, along with all the other ones that they made, but I than had 2 other judgements given after that one. does this matter Thanks Helen yes but the judgement is for an amount of damages to be assessed by the court, not three times the amount, would this perhaps be a mistake by the court, along with all the other ones that they made, but I than had 2 other judgements given after that one. does this matter

Thanks

Helen

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