Please note, after 6 April / 6 May 2012, this is no longer reliable.

Harvey v Bamforth Sheffield County Court 8 August 2008 [2008] 46 EG 119

In June 2007, the defendant took an assured shorthold tenancy of a property let by the claimant landlord. He paid a deposit of £525 which the claimant lodged with an insured tenancy deposit scheme operated by the Dispute Service.

The claimant subsequently issued proceedings for possession of the property on the ground of rent arrears. An issue was raised that the claim could not proceed owing to the claimant’s failure to comply with parts of the Housing Act 2004.

The claimant accepted that the prescribed information contained in The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 had not been given to the defendant within 14 days of receipt of the deposit as required by section 213(6)(b) Housing Act 2004, although it had been subsequently given in February 2008.

The claimant withdrew her possession claim and the proceedings were adjourned while the defendant applied to the court for the return of his deposit and the payment of a penalty by the claimant pursuant to section 214.

Allowing that application, Deputy District Judge Revitt ordered the claimant to refund the deposit, pursuant to section 214(3)(b), and pay £1,575 (three times deposit) by way of a penalty pursuant to section 214(4).

The claimant appealed. ... Please login or signup to continue reading this content