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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I had a tenant years and had 10 separate STA's I failed

Customer Question

I had a tenant for 10 years and had 10 separate STA's I failed to protect the deposit and the tenant is now claiming for 10 breaches of this rule, is that correct?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Did he just give you one deposit please?
Customer: replied 1 year ago.
yes deposit was paid in 2007, however I did issue a new AST agreement every year after that. so in principle I did neglect to secure it 8 times ? would that stand up in court?
Expert:  Ash replied 1 year ago.
Well it was only one deposit. This is because there was only one deposit paid. You are liable for up to x3 the single deposit. However the tenant can't go back ten years anyway, under the limitation act 1980 they could only go back six years.
But as there has only been one deposit at the most he could only claim one deposit up to x3
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Yes that is what I thought but their solicitor is claiming for multiple occurrences as each time I signed a new agreement I should have protected it, I can see they probably have a legal case but would it be upheld in court ?
Expert:  Ash replied 1 year ago.
No, it would be unjust. They can claim x3 one deposit only.
Does that help?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.
I am being told that they will be claiming for 10 years worth and that it's a legal mater that the judge would have to honor as there has been 10 beeches
Expert:  Ash replied 1 year ago.
No, they are out of time.
Does that Help?
Alex
Customer: replied 1 year ago.
Not really sorry, can you justify that claim?
Expert:  Ash replied 1 year ago.
I did above. In law they could ever go back 6 years as per the limitation act 1980
So they can't even claim ten years.
Does that clarify.
Alex
Customer: replied 1 year ago.
So are you now saying that they could could claim for 6 years worth ?
Expert:  Ash replied 1 year ago.
You can't stop anyone claiming anything. But legally they will only be able to recover 1 year. There was only ever 1 deposit.
Does that clarify?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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