Tomorrow (Monday 25 January 2010) PainSmith has a case appearing in the High Court which should provide the first binding decision on Tenancy Deposit Protection under the Housing Act 2004.
In Draycott v Hannells Lettings Ltd there are two issues for the Court to consider.
- Whether an agent can be pursued for the usual penalties under s214 due to the deposit being unregistered; and
- Whether the penalties under s214 bite merely on late registration or only if the deposit is unregistered when the Court comes to consider the matter at hand.
PainSmith is acting for the Defendant lettings agent in this case which is expected to have far-reaching effects across the industry. There is unlikely to be a final decision tomorrow but it should follow relatively shortly and will, no doubt, be reported here when it does.
UPDATE: Mr Justice Tugendhat has reserved his decision. At this stage we do not know when a final decision will be rendered. We will post more information here as it becomes available.