Q&As

A tenant paid a deposit in 2008. The landlord failed to protect it in the first instance, nor did it do so within 30 days of 6 April 2012 under the transitional provisions in the Localism Act 2011. Can the tenant claim damages from the landlord for failure to protect the deposit by 6th May 2012 deadline, by 6th May 2018 in line with the normal six-year limitation period?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk

Published on: 05 April 2018

Section 214 of the Housing Act 2004 as amended provides that a tenant may bring a claim against the landlord under the modified Part 8 procedure for financial compensation where the landlord has failed to protect the deposit. This must be a sum between one and three times the amount of the deposit. Where the tenancy is continuing, the court can require the deposit to be paid into a relevant scheme.

Section 9 of the Limitation Act 1980 provides that a claim must be brought within six years of the accrual of the cause of action. At present there

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Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).