Results are out! Find what you need...fast. Get quick advice or join the chat
x

Unlock these great extras with your FREE membership

  • One-on-one advice about results day and Clearing
  • Free access to our personal statement wizard
  • Customise TSR to suit how you want to use it

Breach of tenancy contract - Deposit Protection Service

Announcements Posted on
Rate your uni — help us build a league table based on real student views 19-08-2015
  1. Offline

    ReputationRep:
    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
  2. Offline

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

Reply

Submit reply

Register

Thanks for posting! You just need to create an account in order to submit the post
  1. this can't be left blank
    that username has been taken, please choose another Forgotten your password?
  2. this can't be left blank
    this email is already registered. Forgotten your password?
  3. this can't be left blank

    6 characters or longer with both numbers and letters is safer

  4. this can't be left empty
    your full birthday is required
  1. By joining you agree to our Ts and Cs, privacy policy and site rules

  2. Slide to join now Processing…

Updated: May 27, 2012
TSR Support Team

We have a brilliant team of more than 60 Support Team members looking after discussions on The Student Room, helping to make it a fun, safe and useful place to hang out.

Today on TSR

What uni's really like

Chill those freshers fears...

Poll
Would you date a smoker?
x

Looking for some help?

Ask our friendly student community a question

Ask a question now

Or get help from our smart tools and guides

GCSE help A-level help Uni application help Everything else
Quick reply
Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.