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3 Comments
Yes, a penalty would be payable for each tenancy if the tenant has a lawyer who knows what they’re doing!
Wow seriously! Is that also the case if not protected on say a first fixed AST which went periodic, and that the periodic also counts in terms of it should have been protected as well?
Imagine if this went on for say 7 fixed terms and a periodic, and the depoist was 2000 the sum could be 50k or so!!
This is actually related to a s8 tent arrears Claim where the tennat has put in a counterclaim for what I am Describing above. If the level of counterclaim is above the arrears does that render the s8’notive invalid?
Yes that’s right!
A deposit is deemed re-protected when it goes statutory periodic but that only applies if it was correctly protected within 30 days. Otherwise, there’s no protection from the law and it’s another failure.
Note: this doesn’t apply to a contractual periodic because that’s deemed as a single tenancy for both fixed term and periodic unlike the statutory periodic which is two tenancies (fixed term is one and periodic is two).
If the penalty is decided before possession is ordered it could wipe out the arrears sufficiently to make the section 8 fail.