How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71159
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

Can a former tenant take me to court retrospectively for failing

This answer was rated:

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.
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 3 years ago.
December 2009
Was that the last AST?
When did it expire?
Customer: replied 3 years ago.
The deposit was last protected from July '13 to the end of tenancy
11 October 2014 with the DPS
Customer: replied 3 years ago.
What do you mean by AST
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?
Customer: replied 3 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"
Not if that was protected past 2012.
If it was unprotected after 2012 then they do have a retrospective claim.
Customer: replied 3 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.
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.
Jo C. and other Law Specialists are ready to help you