The Tiensia tenancy deposit Court of Appeal decision clarified the law to a certain extent, but there are still lose ends flapping around. We all rather hoped that the cases in the litigation queue would resolve the remaining problems. However the most recent case, leaves much to be desired.
Potts v. Densley – High Court of Justice – 6 May 2011
The landlord had failed to protect the deposit but it was protected late, after tenancy had ended but before the hearing of the case. The tenant was claiming the penalty of three times the deposit sum.
The High Court followed Tiensia and said that as the deposit had been protected before the hearing, the penalty provisions did not apply. There was also a failure to serve the prescribed informatino form, but the court refused to consider this as the claimants had not mentioned it in their claim form.
Moral of the story – make sure you draft your claim form properly!
There are a few more cases in the pipeline apparently so we shall have to see what they say about it all.