My tenant is also using defence that I did not protect their deposit at the beginning of the tenancy (almost 10 years ago). I do think it was their legal rep that advised to use this defence as both I and the tenant know that there was no deposit given although the tenancy agreement does state deposit to be paid was x amount. (yep amateur mistake of mine).
Can i use the Limitations Act 1980 which states along the lines of if a claim is over 6 years old they can’t sue for it.
I’m worried if I lose on this point i will be fined x 3 the amount of the deposit taking the rent arrears down (which means mandatory ground can no longer be considered).
Provided that the tenancy didnt become periodic or wasnt renewed within the last 6 years, the limitations act will apply. You should not be liable for a penalty and a s8g8 claim should not be affected. However, a s21 claim might be affected if you couldnt demonstrate that no deposit was taken.
I don’t know the reason for your request. I agree with David122 who is a reliable resource.
Deposit protection law came into force on 6 April 2007. So if the tenancy started after that date, request from your bank a copy of your bank statement for the month preceding and two months following the start of the tenancy agreement to confirm that no deposit was given. That will help with a s21 request for re-possession, as if not, they don’t have a leg to stand on.
@David122 thank you for your reply. The tenancy started 2013 for 12 months then became periodic to date.
I was (still am) an amateur then and put in £600 deposit payable and clearly signed the agreement without evenr receiving the deposit amount. I do recall tenant advised they would pay the deposit within the month and never did and i never chased but obviously its come to bite me in the *** now.
However i’m glad there’s some hope that this can’t be argued.
Worst case the tenant has to also prove they paid that deposit don’t they?
@John45 thank you, the problem is that the tenancy agreement which clearly states £600 deposit given was signed by both parties. However the deposit was meant to be provided within a month of their stay but never was and i never pusued it as we became friends (not anymore obviously!).
Therefore the only way i was thinking to get this defence thrown out as it could tank my case (due to the penalty fine for not protecting deposit) is the use the Limitations Act 1980 which means they can’t sue me as it’s been almost 9 years.
I do have some other proof such as an email i sent to them stating that no deposit was taken from them but they never responded to that email.