I have learned from the excellent ‘Recent developments in Housing Law’ section of Legal Action Magazine, of Ferguson v. Jones (January 2009) a new tenancy deposit case in Birmingham County Court. Here Mrs Jones was an assured shorthold tenancy. Her landlord failed to protect her deposit within the prescribed 14 days. It was only protected…
TDS, the tenancy deposit scheme aimed at letting agents, has now announced that it will only accept agents and landlords who are members of recognised professional bodies as members from now on. With effect from 6 April 2009 they will be withdrawing membership from current non regulated members. This action, it appears, has been taken…
One of my landlord clients who has successfully defeated a nuisance claim brought by her tenants under the tenancy deposit protection legislation, has reported an interesting conversation she had with the Judge. Apparently the Judge said that the judiciary generally are unhappy with the legislation. The main reason being the automatic aspect, as they do…
This is a report of a case kindly provided to me by Simon Parrott of Palmers Solicitors (Bedford). I am writing following a recent hearing at Bedford County Court on 28th October, to let you know the result of my case. I act for the landlords. The circumstances of the case were that the tenancy…
Since the tenancy deposit protection regulations came into force in April 2007 I have done quite a few blog entries on this subject, and there have been many comments from landlords and tenants. Some of these have been highly critical of the company running the custodial scheme, The Deposit Protection Service (DPS). In view of…
I have seen several news items on the internet recently (eg here) quoting a report from the My Deposits tenancy deposit scheme, which apparently says (I have not been able to find the original report) that tenants are losing out, as 12% of claims are lost by tenants not properly following the terms of their…
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Having seen comments on forums about the Deposit Protection Service refusing to accept deposits from landlords, for example if the money is paid over more than 14 days after it is paid to them (putting them in default of the scheme, unable to evict tenants under s21, and vulnerable to being sued for the ‘fine’…