Slip Rule and Tenancy Deposit Protection Scheme
Slip Rule
I have recently been involved in a nasty Court Case where a tenant had caused a considerable amount of damage to my apartment, however the judge awarded that I pay the tenant £604 as by omission I had not placed the tenants bond in a deposit protection scheme.
A week after attending court I received a letter saying the judge had amended the fee due to an error in calculation and that I need to pay to £1226.97 under the slip rule.
However, in the Court room the claimant asked the judge whether I the defendant had to pay £604 only or £604 plus the deposit. The Judge clearly answered that I should only pay £604.
The whole deposit protection scheme seems unfair as I have to pay the tenant as I did not put his deposit in the scheme by accident when when he caused £3000 damage to my apartment and I offered him his deposit back immediately when I found out that I should have put his deposit in the scheme.
However, it also seems wrong that the judge can change his mind after the case and use the slip rule for this?
Any help would be most appreciated!
The Civil Procedure Rules at
The Civil Procedure Rules at 40.12 allow a court at any time to correct an accidental slip or omission in a judgment.
http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part40.htm#IDAJYOVB
Practice Direction 40B section 4 sets out the procedure in more detail.
http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part40b.htm
If you dispute what has happened you should make an immediate application to the judge.
The court office would give you the necessary form and you will need to set out your objections in detail.
I agree that the tenancy deposit rules may seem harsh.
For that reason all landlords must abide strictly to the letter of the law.