Tenancy Deposit Protection- A Further Binding Decision

On Wednesday 9th February 2011 PainSmith has a case appearing in the High Court which should provide a further binding decision on Tenancy Deposit Protection under the Housing Act 2004.

In Potts –v- Densley & Pays there are two issues for the Court to consider:

1. Whether the trial judge had made the wrong decision in refusing to award the penalty pursuant to s214 of the Housing Act 2004 for three times the value of the deposit despite having found that the Landlord had breached s213 by failing to lodge the deposit with a deposit scheme.

2. Whether the prescribed information required to be given to the tenant pursuant to s213 (5) and s213 (6) of the Act had been complied with in these particular circumstances.

This case relates to the registration of the deposit post the expiration of the tenancy and PainSmith is acting for the Claimant. Although it is unlikely that we will receive a decision on the 9th February it will no doubt be reported on this blog as soon as we receive it.


  • Tom Derrett 4th February 2011 at 1:56 pm

    Thanks for the heads up. Looking forward to hearing the outcome

  • Tony Lockwood 5th February 2011 at 10:49 am

    Is the deposit still being held by the Landlord in this case? My son has a counterclaim for non comlience with the TDS against the Landlord and his Agent. The deposit was never protected by the Agent although they have after 15 months recently returned the deposit.

  • Tony Lockwood 6th February 2011 at 11:42 am

    PS If you don’t expect to receive a decision on the 9th Feb how long would you normaly expect it to take.

    • PainSmith 7th February 2011 at 3:41 pm

      I am afraid that it is a waiting game, we may be given some indication at the hearing on the 9th and we will of course update when we can.

  • Sharon 11th April 2011 at 9:38 am

    My solicitor is waiting for the outcome of this case until we can progress.
    My landlord paid my deposit into the DPS over a month after we moved out and only paid in the money because I intructed a solicitor.
    Do you know roughly when a desicion will be made? (its been ages)

    • PainSmith 11th April 2011 at 9:43 am

      I am afraid not, we were expecting to hear in March but as soon as we do we will notify all.

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