CARL Communications writes:
The Court of Appeal ruled this week that the '14 day to register' parameter is no longer valid and that '…no Scheme can impose a time limit on protection as an initial requirement…'. This ruling was based on a mydeposits-registered deposit but also applies to a case regarding the DPS, which was heard some months ago, and the fact that they stated 'no scheme can impose a time limit' ensures it covers all three schemes.
In short, as long as an agent or landlord registers the deposit, before any court action begins, they've now complied with statute. There is no word on what happens once a tenancy ends where the 14 day rule hasn't been complied with, but it's likely the same approach will be taken and that will probably be confirmed if there's ever a High Court action.
All three judges stated that this action contradicted the original ethos of the Act, but based on the way it was written, their hands were tied. This may well influence the Government to consider a re-write, but don't hold your breath
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