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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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Can a former tenant take me to court retrospectively for failing

Resolved Question:

Can a former tenant take me to court retrospectively for failing to protect his deposit after the. 30 day period. His deposit has been with the DPS for the past 15 months and prior to that was run by a letting agency who protected the deposit with another government backed scheme for a period of about two years. I took over the running of the tenancy when his guarantor served notice on him (a former bankrupt) and we enjoyed a good relationship for over five years. The period in question when I held the deposit was an 18 month period.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What was the start date of your agreement?
Customer: replied 2 years ago.
December 2009
Expert:  Jo C. replied 2 years ago.
Was that the last AST?
When did it expire?
Customer: replied 2 years ago.
The deposit was last protected from July '13 to the end of tenancy
11 October 2014 with the DPS
Customer: replied 2 years ago.
What do you mean by AST
Expert:  Jo C. replied 2 years ago.
Thanks.
Please don't worry.
If the relevant period of time is before 2012 then they cannot sue retrospectively. As long as you ultimately protected the deposit you are home and dry.
After 2012 the Localism Act brought in changes to allow retrospective suing but that doesn't apply to you.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
As we held the deposit from 2011 to 2013 for an 18 Month period inclusive does this breach your 2012 threshold for "Retrospective suing"
Expert:  Jo C. replied 2 years ago.
Not if that was protected past 2012.
If it was unprotected after 2012 then they do have a retrospective claim.
Customer: replied 2 years ago.
Never being a landlord before we were unaware of the protection obligation. No excuse I know, the property was however protected from July '13 to Sept '14 the end of the tenancy and also the start of his tenancy 2009 - 2011. If It goes to court, what are the likely the consequences I might expect.
Expert:  Jo C. replied 2 years ago.
If it was unprotected after 2012 then he could claim three times the sum of the deposit.
Probably he would not get more than the sum of the deposit though. Full compensation is rare even now after the new law.
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