UNPROTECTED DEPOSIT and S8 RENT ARREARS

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L
Land Lady
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If the deposit for a tenancy was provided by the council under a Landlord's Deposit scheme, where the Council, landlord and tenant signed, the "Deposit is to idemnify the landlord against damage caused to property or content by the tenant.
The Landlord is to return such part of the deposit as is not retained to cover damages caused to property. If the tenant is re-housed by the Council then this deposit should be returned to the Council. If the tenant voluntarily moves to alternative accommodation, without the assistance of the Council, then the Deposit should be returned to the tenant.
QUESTION IS:

  1. If lanlord didn't protect the deposit but there are rent arrears, can he offset the amount of the deposit againstthe arrears?
  2. If S8 is served on tenant, can the tenant counterclaim for non-protection of deposit, if they didn't contribute to it at all?
  3. Will returning the deposit to Council pursuade the Judge to lessen the penalty of 3 times the deposit?
  4. To whom should the deposit be returned?

23/04/2018 18:25

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