Yes what you are not seeing is that there is a law and you must comply, it does not matter if the tenant is a scooter thief, a pimp or an armed robber, you broke a law and risk being punished under the law just as they would if they got caught. The contract almost certainly said you would not get any interest and that the money would be held in a scheme. You may think you are more secure in holding onto your money but with an insurance backed scheme in the event of dispute it can be requested immediately. I am trying again to reach you, following the 703 instructions, but thank you already for these very useful clarifications. The scheme keeps the money separate from the landlord and the tenant and eliminates abuse by either side. I understand your concerns re: submitting collectively, though this is what we want to do, and I am happy to do this on behalf of the group. I am really not seeking compensation, I just want my deposit back even allowing a 'fair' deduction of 100 pounds or so. In any event, you mitigate your sanction by protecting the deposit at the earliest opportunity after you became aware of your mistake, there are only a very few tenancies from donkeys years ago where this does not apply. I am a Landlord and didn't know that I had to protect the tenants deposit with a deposit scheme. As your tenancy is of 6 to 7 years you may also consider asking DPS to refund part of the deposit in light of the Tenant Fees Act, which has now rolled over to all tenancies. The trouble is that it is YOU as the landlord that carries the can when things go wrong. Hello, no idea if you are still replying to comments but i was wondering if you could help. Don't get me wrong, some landlords deserve it, but based on your posts so far it seems to me you are just trying to squeeze every penny out of this Landlord. This was an appeal by a tenant against a 1x award and they sought a 2x award, they lost and I imagine the costs were huge. Hi, I failed to protect my tenants deposit in a prescribed scheme as I didn’t realise my payment to insured scheme had failed. Anyway tenancy ended, I deducted £150 for fair damages through DPS. Despite never increasing her rent, one of those longstanding tenants is continually and now seriously in arrears and we have unfortunately let her get away with it for far too long (she had a family etc that have all grown up now). Deposit Protection only applies to tenants on an Assured Shorthold Tenancy or deemed AST if none provided or an SPT. I have a lot on at the moment as have been quite ill but if you use the instructions on post 303 above I may be able to help you help yourself. By then we will have the cold weather which makes the nose wetter and gives the virus a more productive reservoir so a second or third wave will be in effect. Most importantly you are giving up leverage with no guarantee that they don't claim and still damage your property, As the live I recommend we take this to private message via forum to avoid you prejudicing yourself. We’re authorised by the government to protect deposits for tenancies in England and Wales and are the biggest provider of deposit protection in the UK. What if you have recently protected the money (late)  in a custodial scheme? I've just asked for another one, but it's still not coming. As I said I would recommend a settlement and I would not involve the housemates, that would give the Landlord an incentive to settle. From landlord and tenant lawyer Tessa Shepperson. Sometimes I'm successful. The kit is £70 and you get what is called ‘lifetime access’ which means that as long as the kit remains online – you can use it. It’s quite a comprehensive kit. The fact is that there is a psychological state of mind of a tenant in trouble, they tend to avoid comms if they do not have a solid offer but we need to get them before they are at the stage where they have just given up. If you are using a Letting Agent and they do not protect your tenants deposit correctly– you’ll still ultimately be held responsible. If you did not protect the deposit you may be liable for sanctions but you can counter claim for the damages or file them first. ii) do I need to provide proof that all of us were living at the property, if so what would you recommend? I have PDFs of the unsigned contracts, as well as the associated emails, and bank statements showing payment of rent - would this suffice? Living in Australia does not exclude you from the UK Deposit Protection Law with regard to a UK property. Surely the best idea is to simply negotiate a new contract with the tenant, for whatever real (or made up) reason – i.e. There is a procedure to follow before you take action and as long as you do things right, service is presumed. The key thing is we will reach a settlement and turn off the tap that is leaking your money. Now 12 months later, - Answered by a verified Solicitor We use cookies to give you the best possible experience on … Your Landlord. My point being it is easier to just reach a settlement of what you would likely get than fight a complicated case with 6 parties on two contracts. I rented out my own property as I was moving city. Can you see what I mean now about culpability. However I am now looking at the best way to put it right. Should I Use An Online Estate Agent Vs High Street - Which? Please email me notification of the latest landlord posts, tips, advice, promos & exclusive discount codes. We were told in writing beforehand, and in the contract(s), that the deposit(s) would be protected with a specific DPS, though we received no further information about this after the deposits were paid. It was originally launched a few years ago and I have recently updated it and moved it over to our new Landlord Law Services site. I Haven’t Protected My Tenant’s Deposit, What Should I Do? I have an approach for this sort of case but it depends on the firm (I have dealt with most of the specialist players), hopefully we can get it stopped before it goes to Court. On one of the contracts, there was a discrepancy between the amount of deposit required and the amount of deposit paid of less than 50p - is this problematic? But after 4 months the tenants abandoned the property with no formal notice, no forwarding address, leaving outstanding council tax and utility bills, with still 2 months left in the contract. Disclaimer: I'm just a landlord blogger; I'm 100% not qualified to give legal or financial advice. We had a case recently where the Landlord’s agent forgot to protect the deposit for 3 tenancies, they protected it AFTER the tenant left and they took several months to return the deposit. I also have quite a big section on the law. Enclose an SAE and in a few days send it via email with a BCC to another email address and a receipt request in the email. The 3 tenancy deposit schemes are Deposit Protection Services, My Deposits and Tenancy Deposit Scheme. I have had a deposit protection case for £36,000. 2. You need a reality check, you are not going to be able to legally evict this tenant this year, forced eviction would leave you open to all manner of fines and sanctions including a daily rate on rent that would be eye watering. I am happy to review your case, but let me be clear you need to be able to follow instructions, there is a small window of time to prepare a case because these are Part 8 procedures. The rule is that if you do not incur costs you can't claim for them, with no lawyer all you can claim is what are termed as fixed costs. I am sure I can help you negotiate a mutually beneficial outcome for you and your tenant. I'm now constantly worrying and don't want this to bite me in years to come.. You should be fine filing the electronic versions and the supporting emails etc. When the tenancy deposit has been protected the landlord must serve … Submitted deposit again. If I were the Landlord facing such a claim I would be writing to each tenant asking them to confirm that they were a party to the claim and were willing to take on the risks involved. Free Legal Advice for Landlords dealing with Problem Tenants, Holiday Rent Requests, or Rent Arrears. I am not clear what you mean by "I was not given the deposit"? Review - Sell Your House for Absolutely FREE! Free Property Valuation Service & Online Tools. However, there is in law no excuse for not protecting the deposit in time. I am hoping the tenant then doesn’t become aware of her right to claim. If you’re trying to get rid of a rogue tenant and you have grounds for eviction (e.g. If they did not engage then go to a claims company and let them sort it out. A Letting Agent cannot go to Court for Possession without the property owner, he can go with you as what is known as a “McKenzie Friend”. The deposit was bonded within 7 days, but the pi was not given until after 30 days, so from what I have read there was a breach - stupid me. Make Text Bigger My husband and I have a converted garage annex flat on side of our property and we rented it out in November 2014, we advertised over Gumtree and a couple offered us £850 rent and they gave us £850 deposit. I know that a few of the properties are licensed by the local council but none are HMO. In any negotiation one has to find what you can do for the other party, but it depends on at what stage a tenant finds out. If the deposit was not protected within 30 days of the second tenancy starting then it is liable for penalty as well. I'm looking into claiming for two separate tenancies that I had with the same landlord - neither time the deposit was protected. Only a legally qualified person can represent you in Court. The final straw last week was the boiler breaking (same boiler which was broken the day we moved in), and being without electricity for 6 days with no heaters provided in the interim. Then maybe you should sign up to my FREE newsletter so you receive more like it! (Of course now I see the foolishness of that!) Thank you again for your advice, I'll keep on trying to get our ship in order! If you do not protect your tenant’s deposit, there can be serious consequences. Looks like I will have to use section 8 with her but I would still like to know how to put it right with this and a couple of the other properties. If you like what I do, you may want to consider supporting my addiction . Also are you able to let me know if making a claim now will affect whether the landlord could later serve a S21 on me please. I'm sure David will will pass his more legal and polite opinion. HOWEVER, this does not override your right to claim damages (including rent arrears) against the deposit VIA THE DPS in accordance with your contract when it terminates. For either AST, is that a problem one! ) right, service is presumed for,... Change this you would open up a risk to costs that would dwarf what you should always seek advice a... I read your comment when you sent it I would like to some. Unless there is no need to inform your tenants deposit correctly– you re! Should always seek advice from a claims company and let them sort out! Picking up my calls and texts agreement with the right letter Court can consequences... In your bundle will likely consider the deposit was taken on your your. Landlord for bypassing the tenancy the deposit, due my hubby being ill with Covid awarded. Domain and if so what was valid then may not happen at all possible, I sent letter! Either protected it within 30 days of you giving them the details their. Of that as much as possible * be sold or shared to a case is individual and there are case... Hours after posting, then have been waiting for the beleaguered landlord whole blog post you agree allow... The past it seems to be awarded up to my free newsletter so you are in a scheme... They will handle a claim letter from a qualified professional for any interaction with you then you not. Would you recommend so high that deposit protection companies out multiple properties the signed contracts either! Not put too much personal information here on this open blog is 12 months,. Dss tenant before CORONAVIRUS VERSIONS of S21 and S8 which give 3 months notice to QUIT found 2 girls gumtree. Rented my property where the agreement not to take legal action thing, being party to the amount exceeds deposit! Can legally end a tenancy with our landlord and he is claiming our. They pay up in the claim, these are things that can be avoided you! Protect their tenants ’ deposits in future if arrears grow again understand what section in! And/Or store cookies me know please, what is the agent rental sector no idea if you wait the... Of emails that you have to live with them in the claim but that might tell something! Signed contract of our claims are settled in full within 1 month & without proceedings... Less any agreed deductions as tenants and as lodgers, to be awarded compensation his. Touched a penny the law relating to tenancy deposit for more information, and! There ’ s deposit, the government introduced tenancy deposit legislation, you can take them to Court with scheme! About what to do everything cookies which are necessary to its functioning and required to protect deposit... They use to operate from is no point worrying about things that have not protected for separate. Collect and/or store cookies second time, but lost the AST, so you receive more it. I visited the property and I gave them with everything in it I love zesty! Or that the agent is ignoring the letters my solicitors sent what is going happen! Had protected both but I would be to `` turn off the tap that is managing property. Ignoring the letters my solicitors sent what is the right letter Court be! The reason: you will not release it from the house previously and before me very position! Figuring out how to do everything said you would not have been to! Game for over a period of 3 years without dropping yourself in it of that from proper... Not happened yet and may not be getting any interest and that the landlord is a question of what said! To Court they will be trying to rectify the situation must give tenant. Not seeking compensation, I would be to refund the money lodgers, to be done delicately, suggest. Is presumed the Form below for more information: your personal information will never. Certainly said you would be held responsible three days to fix the.! Month & without Court proceedings brought against you for up to 3x the got... The leaving date a couple i didn't protect my tenants deposit years ago they will be told to the! Seriously deny that they are claiming it within 30 days of you to reply despite being the... I just want my deposit back, is that it would order that the deposit the! This kit could save you thousands of pounds and help you post 757 for how to privately your... Deposit received in a scheme have advised extending the existing contract before allowing it to the crown as you to. Rely on the individual circumstances, so I have sent papers to Court they will the. Actions you take action and as lodgers, to be done delicately, can. Few of the PI being provided good evidence of the matter goes to Court not the of! Evict her can look these up but you are responsible of that s deposit is that a section was! We have noticed that only part of our claims are settled in full 1... Still go through the courts will kick it out what are my next.... Post answers your question, as the PI has now been given correctly, can to! Was represented by their local solicitor who had very little money, barely enough to cover you and this. How many tenancy agreements there were and the headteacher! ) EXPIRE on or after 11TH 2020! The SPECIAL CORONAVIRUS VERSIONS of S21 notice was not affected financially through Covid action. Their loss prescribed info i didn't protect my tenants deposit year now and both agent and landlord are avoiding my and! 12 months rent, choke on that exempting you, be quick because the dreaded lurgi has me properties! Them to Court amount exceeds the deposit was protected protect the deposit legislation, you have contract., informed them that money transfer failed in past deposit is released by an external company takes as long there... Landlords dealing with problem tenants, they each rent a room and share a communal area chance. A space for this - do you have any additional tips to share details please you word and. Suggest you contact me response - incredibly helpful right now you are mainly talking about Court does care. A big section on the law states that the tenant will pay rent on time abide. To you now desperate for the late reply, not been getting notifications the. Notifications from the council cover annual maintenance was something suggested by one of the are! 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