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Tenancy Deposit Protection Court Ruling

A Dorset landlord is counting the costs of his futility and refusal to play by the rules.

The Landlord had originally protected a deposit given to him by a tenant through MyDeposits; however the Landlord did not renew his membership the following year and despite MyDeposits writing to him and advising of the consequences, the landlord neither renewed nor joined another scheme.

Failure to protect a deposit within 30 days of receiving it will result in a ‘Section 21 Notice to Quit’ not being recognised in a Court of Law and the tenant being entitled to up to three times the original amount paid as a deposit.

When the tenants vacated the property and requested their deposit back, the Landlord refused, leaving the tenant with no option other than to take the Landlord to court. Although the landlord cited dilapidations’ in the property, he was ill equipped with a hand written Inventory and photographs that were undated.

The court sided with the tenant and awarded £350 costs, the original deposit of £700 and three times the deposit of £2100, bringing the total to £3,150. The courts are coming down heavy on Landlords not protecting deposits. The ruling to protect deposits originally came in to force in April 2007, when all deposits had to be protected within 14 days, however since April 2012 an amendment in the Localism Bill changed this to 30 days with no exceptions.

The legislations are changing all the time and it is becoming more vital for a landlord to belong to a Landlord Scheme to keep up to date with news or a good reputable Letting Agent.

HMRC Deadlines on Rented Property

The HMRC have given a deadline to all property owners who received a rental income either here in the UK or abroad.

This applies to any property that is not a main residence, including holiday homes. They have pledged to crack down on any buy-to-let property owners who are trying to get away with capital gains tax avoidance.

Marian Wilson, head of HMRC campaigns, said:

“Some people will not understand that selling a second home, a holiday home or a property disposed of as a gift could attract Capital Gains Tax”.

HMRC can find out about sales of property from land registry records, advertising, changes in reporting of rental income, stamp duty land tax (SDLT) returns, capital gains tax (CGT) returns, bank transfers and other ways.

People have until August 9 2013 to tell HMRC about any unpaid capital gains tax on property sales and must pay any tax owed by September 6.

Until this date, fines will be smaller for those who haven't paid their tax. It is hoped this will encourage more landlords to come clean. Marian Wilson advises: "It is better to come to us before we come to you.

After the opportunity closes on 6 September, HMRC will use information it holds about property sales in the UK and abroad to identify people who have not paid what they owe. Penalties or even criminal prosecution could follow.

People don't need to be concerned about the sale of their main home, which is usually exempt from CGT. If you have any questions on this or other aspects on rental management then please contact:

Move On 01202 711169 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

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