Can a court decide a protected deposit is NOT protected

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SueSmith
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My tenants obtained a court hearing by falsely claiming that the My Deposit Certificate had been altered. At the hearing the tenant then claimed I was not UK domicilled at the time of the section 21 notice and was not eligible to use My Deposits scheme and therefore possession shouldn't be ordered. The Hearing was adjourned.

At the time of the section 21,(pre April 6th 2012)the rules stated Domicilled in the UK although the scheme rules accepted Members temporarily resident elsewhere. I returned to the UK before the tenancy end. My case is I have fully complied with 2006 housing act and I am entitled to a possession order.

Can a court decide a protected deposit is NOT protected? I have an original hardcopy letter from My Deposits stating the deposit is protected. Does the court have jurisdiction to decide whether I am eligible or not to use the My Deposits scheme and therefore issue a section 21? (Have I overlooked some other law I am not aware of?) It can become very complicated arguing the interpretation of domicilled.

27/05/2012 00:00

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