Potts –v- Densley & Pays Update

As advised on the 4th February 2011, PainSmith attended the hearing at the High Court today.

There were 3 issues considered by the court, 2 of which were subsidiary and therefore not relevant for the purposes of this blog.

The main issue before the court was, can the tenant sue for the usual penalties where the landlord has protected the deposit after the end of the tenancy, albeit before the court hearing.

The judgment has been reserved but we hope that the court will hand it down in late March and obviously we will publish the decision as soon as we receive it on this blog.


  • Carl Hunter 23rd February 2011 at 6:36 pm


    i am now filling for the same reason, i moved into an apartment in may 2007 and signed 4 contracts since May 2007 30th Jan 2011 and my deposit was not protected and on the 14th Feb 2011 my landlord choice to protect my deposit 15 days after i had moved out of the apartment, i am now to fill a N208 form to the court and claim back 3 x my deposit

  • Tibb 16th March 2011 at 7:13 am

    I was evicted without a sec 21. Taking the landlord to court. Now he has decided to put my deposit in the DPS.

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