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Incorrect Deposit ammount ensured in TDS

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432 views 1 replies latest reply: 09 December 2016
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Tenant

Hi, 

landlord is about to server me Section 21 notice and I discover that incorrect deposit has been protected by TDS (1 month vs contractual 6 weeks!).

Does this invalidate Section 21 notice?

Is this the basis to go to court in search for compensation?

Thank you!

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Tenant

Hello Eugene, 

You mean to say that you paid 6 weeks of deposit but only 4 weeks worth is protected by the landlord. This counts as not protecting the deposit properly. I’m pretty sure it will invalidate the Section 21 notice, but you should contact the TDS and ask for their opinion as well as they better know the picky details around deposit protection. 

However, you should look into finding new accommodation, as the landlord will get it right eventually and evict you at the end. So think of this as an extension to look for a better deal, rather than stay in the property. 

As for compensation, I suggest you don’t bother. While at the end, you might get your hands on some compensation, it will be not worth more than 1 x the deposit, as this is really not a HUGE mistake by the landlord and they did protect most of it.

These compensations are really intended for unscrupulous landlords who didn’t bother at all dealing with the deposit. Still, if you’re hellbent on chasing them in court, you can use our guide – http://www.thetenantsvoice.co.uk/letter-templates/request-tenancy-deposit-protection

The second part of the guide talks about how to claim compensation. 

PRO TIP: Try negotiating with the landlord first, before going to court. If you’re convincing enough, you may not need to sue. 

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