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Counter claim against landlord for failing to protect deposit

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  • Counter claim against landlord for failing to protect deposit

    Hi,
    Hope you all are fine and I am looking for some advice and guidance on this issue.

    I fell out with my landlord as he, incorrectly, did not acknowledge on of my rental payment and after realising my deposit is not protected, I did not make rent payment for the last month of the tenancy.

    1)Landlord has made a money claim to which I counter-claimed on the following basis.
    2) The original prescribed information he issued with at the start of the tenancy in Sept 2016 was under TDS
    3) But he protected the deposit under DPS insured and did not serve any other prescribed info
    4) That protection ended in Sept 2017 along with the initial fixed term.
    5) Tenancy was renewed in Nov 2018 but backdated to start from Sept 2017
    6) But , the deposit was only again registered in Dec 2017 under DPS insured - again the prescribed info was saying TDS
    7) That protection was also ended in Dec 2018, but tenancy was not renewed and went into periodic
    8) in March 2019, it was protected under TDS

    so my argument is
    a) the whole protection is not valid as valid presctibed info was not served.
    b) There was no protection during Sept 17 - Dec 17 and Dec 18 and March 19

    But landlord says, since he protected under DPS insured - it was protected at all times.....

    is that correct ? Thanks
    Last edited by peeta; 28th October 2020, 15:19:PM. Reason: deposit protection #counterclaim
    Tags: None

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