Suppose one paid a deposit and did not receive prescribed information confirming its protection within 30 days but only more than 8 months later. The landlord should be liable for 1-3x the deposit amount. How long does the tenant have to pursue this penalty from the landlord, and how could they go about suing for this?
asked Aug 3, 2022 at 16:26
JosephCorrectEnglishPronounsJosephCorrectEnglishPronouns
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It just sort of seems to be first-tier common wisdom. I mean any article online or phone advice service seems to proclaim the requirement to furnish information in 30 days, not sure the particular statutory basis or if it is in fact even the 2019 TFA.– JosephCorrectEnglishPronounsAug 3, 2022 at 17:06
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Please could you complete the final sentence of the question?– Steve MelnikoffAug 3, 2022 at 20:23
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Oh yes, that is so irritating to read even to me. But alas I'm not sure if I even know what it was meant to say now.– JosephCorrectEnglishPronounsAug 3, 2022 at 21:41
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1 Answer
Deposits are governed by Chapter 4 of the Housing Act 2004.
Within that chapter, the 30-day limit for sending the prescribed information to the tenant comes from section 213(6) (as amended):
(6) The information required by subsection (5) must be given to the tenant and any relevant person—
(a) in the prescribed form or in a form substantially to the same effect, and
(b) within the period of 30 days beginning with the date on which the deposit is received by the landlord.
Claims must be made within 6 years. This article cites section 9 of the Limitation Act 1980, where subsection (1) simply states:
An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued.
Regarding making a claim if your deposit was not properly protected: this Shelter article describes in detail the steps involved.
answered Aug 3, 2022 at 20:20
