John Hardcastle

Barrister

Menu
  • Home
  • Direct Access Instruction
    • Introduction
    • About Lawyers…
    • Should I Instruct a Barrister?
    • What Will it Cost?
    • What Information Do I Need
    • Areas of Law
    • Terms of Direct Access Instruction
  • Posts
  • Contact
Menu

Tenancy Deposit Claims – Limitation

Posted on June 5, 2024June 5, 2024 by John Hardcastle

Where a tenant pays to a landlord a tenancy deposit the landlord is legally required to protect that deposit in an authorised scheme and the landlord is required to comply with what are called ‘initial requirements’ (Section 213 of the Housing Act 2004).

Where a landlord fails to protect the deposit and/or fails to comply with any aspect of the ‘initial requirements’ there are sanctions, one of which being that the landlord cannot utilise the Section 21 (no fault eviction) procedure until the deposit is protected and the initial requirements are complied with (Section 215 of the Housing Act 2004).

Another sanction is that – where a tenant brings a claim against the landlord for failure to deal with the deposit in accordance with the law (and proves their claim) – a Court MUST award the tenant a sum up to 3 x the initial deposit (Section 214(4) of the Housing Act 2004). Where the tenant has had multiple tenancy agreements in relation to the property (and Section 213 of the Housing Act 2004) has not been complied with) then the landlord is likely to find themself liable for multiple sanctions.

There is, however, a limiting factor: something called ‘limitation’.

The Limitation Act 1980 sets out periods of time whereby a claim becomes ‘statute barred’ – i.e. the Defendant can defend the claim on the basis that too much time has passed. In a claim relating to Section 213 of the Housing Act 2004, the relevant limitation period is 6 years but it also begs the question of when does the 6 years begin to run. This question was answered by the High Court in the appeal case of Lowe v The Governor’s of Sutton’s Hospital in Charterhouse [2024] EWHC 646 (Ch).

The appeal confirms the first instance decision that the limitation period begins to run 30 days after the deposit has been handed over to the Landlord (see paras [48]-[49] of the first instance decision of HHJ Luba KC).

The rationale is straightforward: the law provides the landlord with 30 days in which to protect the deposit, thus a failure to comply with the initial requirements within that period means that the landlord is in breach and thus the cause of action (the trigger for a claim) arises.

If, therefore, the Landlord fails to protect the deposit within that period (within 30 days of receiving the deposit) then the tenant has a claim against the landlord but (because of the Limitation Act 1980) they must bring that claim within 6 years otherwise the landlord will have a defence to the claim by simply asserting that the tenant has waited too long before bringing the claim.

Recent Posts

  • Tenancy Deposit Claims – Limitation
  • DISCIPLINARY HEARINGS – the right (or not) to be legally represented – AB v University XYZ [2020] EWHC 2978 (QB).
  • Instalment Orders & Time to Pay
  • Participation Sports Events: COVID-19 CANCELLATIONS – Frustration & Force Majeure

Archives

  • June 2024
  • November 2020
  • May 2020

Categories

  • Civil Procedure
  • Consumer Law
  • Contract
  • Employment Law
  • Property Law
  • Sports Law

Complaints

Privacy policy

BSB Public Access Guidance for Lay Persons

Regulated by the Bar Standards Board

Bar Council Standard Contractual Terms

©2025 John Hardcastle
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Cookie settingsACCEPT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT