Lavinia represented a Claimant who was the landlord of a property which was being managed by a letting agency.
Although the tenant had rented the property for a number of years, the Claimant had only recently become landlord. Based on rent arrears, a section 8 notice was served on the tenant, to enable the Claimant to regain possession of the property. Whilst at court, Lavinia was made aware that although the deposit was protected, it had not been protected until after the new tenancy was signed.
Using her detailed knowledge of the law surrounding these circumstances, Lavinia successfully argued that any compensation for failure to protect the deposit would not bring the arrears below the 2-month threshold. Unlike a section 21 notice, failure to protect a deposit does not render a s8 notice invalid. The District Judge agreed with Lavinia that if the tenant wished to pursue their claim for compensation he should bring his own claim against the landlord.