Statute of Limitation
Tenancy Deposits

EJO
EJO
0 Thanks
7 Posts
1 year ago
0

Hello.
Client looking to end tenancy but requires details of TDS, however Deposit hasn't been protected. The deposit was first taken and Protected by Agent over 15yrs ago when a 12m Fixed Term was started, this ended and a new 6m AST started but the Deposit wasn't subsequently protected , the tenancy has continued on a rolling periodic tenancy ever since - for the last 14yrs without Deposit Protection.

I'm happy to return the deposit in full when they vacate, just so long as there isn't any major damage - which i'm pretty sure there wont be.

But I have read mixed reports on tenants looking to claim compensation, and so wondered about when the 6yr Statute of Limitation Act applies.

Is the Limitation enforceable from date of failure to comply within 30days (in this instance breach is 14yrs ago and therefore outside of 6yr limitation) or is it being applied so that it is enforceable from when tenancy ends at the point of seeking recovery of Deposit.

If there is a case for it being applied from end of tenancy then i'm minded to just suck up the cost of any damage and return the Deposit in full to avoid any conflict.

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