Statutory limit of 6 years...

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Interesting deposit question.
I am considering taking over a property management, but as this was not previously professionally managed, deposit messed up.

  • The property was let in January 2010 [12 months AST].
  • Deposit taken but not protected.
  • Must now be protected in order for any s21 to be valid.

I understand that the statutory limit of 6 years from the moment that the breach occurs has passes and that therefore no penalty will be payable?
(Even according to the RLA’s view that the statutory limit is also reset by the two amnesty periods that the Localism Act and the Deregulation Act have provided, the statutory limit would still have just now expired – on the 1st May 2018.)
  1. Is the above correct?
  2. Does the fact that the tenant still live at the property have any bearing on the “statutory limit of 6 years from the moment that the breach occurs”?

04/05/2018 13:57

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