Hello All, has anyone used Section 32 of the limitations Act to persue a claim for the landlord not protecting a deposit. My landlord held my deposit for over 3 years and then protected it, falsifying the TDS tenant start date, notifying me well after 30 days of the eventual protection and then stating that it was a new requirement to protect. So committing fraud, concealment and mistake. A lot of solicitors dismiss it as soon as they hear the deposit was taken over 6 years ago. Any help or guidance much appreciated
You are not with this landlord now? If a lot of solicitors dismiss it as over 6 years ago, you told us. So there seems to be your answer
A quick internet search brings up a number of firms of solicitors commenting on s132 cases. Have you tried them all? My understanding is that the threshold for concealment is quite high. If solicitors tell you its not 100% certain youd win, it would be a huge risk for you to try to bring a case as the litigation costs would be enormous.
I assume you havent actually lost any money through the landlords actions, so maybe its best to just regard it as a bonus that slipped by.
Thank you for the reply, could there be a loophole around tenancies that could still allow for this claim via the usual route. I don’t want to drop it not yet due to things that were said and done.
If you message me, I can send you contact details of a very good solicitor who is no-win no-fee. If she won’t take it, then you’ve no chance.
I seem to recall it being said that the Deregulation Act restarted the clock on deposit protection requirements, but I think this has been disproved by subsequent case law. I’m not aware of any other loopholes and the Limitations Act is a long standing and relatively robust peice of legislation.
As tatemono says, if solicitors wont take the case, then its probably time to move on.
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Thank you, how do I message you please
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