Here is a question to the blog clinic from Jay who is a landlord:
Hi I protected the deposit within 14days with mydeposits but forgot to give them the certificate until the 6month of their 6month AST.
Can they claim 3xdeposit from me? the tenancy ended and they have left – damages have emerged which I hv informed them about and they are threatening me with the 3x rule. Are they right? Thanks Jay
If you have protected the deposit and the tenants have vacated then no, they are not able to claim the depsoit penalty from you. For the reason for this see this post here.
However things will change after April 2012when the amendments set out in the Localism Act come into force. Then if landlords have not protected the deposit AND provided the certificate, they will have no defence to a claim for the penalty after that time.
However this does not affect your current situation.