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Clear message to Landlords on protecting Tenants' deposits

Categories: Press Releases

Private landlords have had a lot of new red tape to put up with recently.  New Rules about testing gas and electrical appliances, Energy Performance Certificates and of course the new deposit protection rules.
The deposit protection rules seemed to suggest that if a landlord failed strictly to comply with those rules the landlord has to pay the tenant a penalty equivalent to 3 months’ rent.
Tenants have been arguing that the rule has to be applied strictly and even if a landlord is just one day late or fails in some other way to comply with the regulations, then the tenant is automatically entitled to 3 months rent from the landlord.
Local Solicitors, Veitch Penny LLP, advise that the Court of Appeal had recently been asked to decide whether a tenant can claim compensation for their landlord’s failure to pay their deposit into a recognised deposit scheme. The verdict was delivered this week and the outcome appears to be heavily in favour of landlords.
A number of cases in and around Exeter have been on put hold whilst everyone waited for the outcome of this decision and both landlords and tenants ought to be aware of the consequences.
If you are a landlord or a tenant and are faced with this situation, or any other matters arising out of a tenancy, then contact Veitch Penny on 01392 278381 and we are happy to offer a free half hour consultation.
Veitch Penny Solicitors also specialises in wills, probate, conveyancing, and tax and employment advice for members of the general public, as well as actively working with local businesses and employers.

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