8:54 AM, 20th April 2016, About 6 years ago
I have an ex tenant who has a No Win No Fee company writing to me asking for compensation for late registration of his deposit or they will take me to court. Having read a few articles on the site about this I thought I would share my experience so far.
My tenant moved in in December 2010 and paid his deposit to the agency. The deposit was paid into the agents customer account the next day but the certificate states the date of registration was 26th January 2011. Hence the claim from the NWNF company that the deposit was not protected within the 14 day time limit, at that time.
I have since found that an amendment to the Localism Act 2011 came into effect on April 6th 2012 which states that:
‘the new penalties for failing to meet obligations relating to deposit protection are stated NOT to apply if the tenancy was in effect on or after 6th April, 2012 and the landlord, has before the end of the 30 days beginning with that date 1) complied with the initial requirements of an authorised scheme in relation to the deposit and given to the tenant any relevant person the information prescribed for the purposes of section 213(5) of the Housing Act 2004.
This gives deposit holders a period of 30 days grace to comply with the deposit protection requirements where they haven’t already done so, for a deposit received before 6th April 2012, and where the tenancy is running on or after that date. So if you haven’t already complied with the requirements you should ensure that you do so within the 30 days – before 6th May 2012.
I am going to go back to the NWNF company with this piece of legislation and hopefully that should be the end of it but I was wondering if anybody else had any experience re this amendment.
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