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Breach of tenancy contract - Deposit Protection Service

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    Hi Guys,

    Quick bit of advice...


    Signed for a property on September 22nd 2011, moved out May 22nd 2012. On moving out, landlord agreed property was in good condition and I would receive total deposit back, (£1,200).

    I've just gone through all the paperwork for the property and it looks like the landlord never put my deposit into the DPS as agreed under Clause 2 of the contract which clearly states:

    The deposit will be protected by The Deposit Protection Service (The DPS) in accordance with the Terms and Conditions of The DPS.

    Now as far as I understand, if they haven't put it into the DPS as agreed, they must re-pay me the full deposit, either by agreeing to, or by me seeking a court order for specific performance to force them to.

    However, I've also read that as it's a breach of the contract regarding the DPS, the Landlord is liable for a fine enforced by the courts of anywhere between 1-3 times the amount of the deposit. So if there is a breach found (which there definitely is) I would be entitled of anything between £1,200 - £3,600 as a fine/compensation.

    Has anyone got a little bit of advice/been in this situation before? I don't doubt that eventually they'll pay me back the deposit, but I'm concerned that they'll very quickly hand it over in order to avoid any fine/compensation that I would be entitled to?

    Thanks - Rybee
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    You might have more luck on landlordzone.co.uk - there are a number of landlord/tenancy law specialists that post there

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Updated: May 27, 2012
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