Your tenant can bring a claim against you for up to 3x the deposit sum. However, we have noticed that only part of our deposit has been protected. Then maybe you should sign up to my FREE newsletter so you receive more like it! Before putting the deposit into a scheme you need to make sure it needs to be, chances are the SPT does require it, absolute madness to renew every six months like that, I had a case where a tenant was entitled to £30k and that was being conservative. 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”. Your landlord doesn’t have to protect a holding deposit (money you pay to ‘hold’ a property before an agreement is signed). I have sent papers to court hoping that as the deposit got protected eventually it may still go through. Understand that you are now liable for Court action for 6 to 12 years from the failure. You were not entitled to interest, your deposit was held for the performance of the contract. My deposit was never protected with any of the schemes.they made me fix things in the house and pay for them and they just provided the handymen. If you need any help with writing a strong letter to get your deposit back and to help negotiate a settlement feel free to use the details in comment 703 above to contact me via the forum. The defence had hired a Barrister, the tenant was represented by their local Solicitor who had very little housing law expertise. I am not clear what you mean by agent not giving it back, is this "agent" really a tenant? David Unfortunately, you’re in the exact same position as if you have no association with a letting agent. 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? Are you able to let me know please, what is the process for this - do I file simultaneous claims against both? Your £15k claim could force them to abandon property, ruin their credit record, the Mortgage company will repossess and some new tenants will be kicked out by High Court Enforcement officers. This is a typical case where the landlord has just one property, from when he moved in with his girlfriend, and hasn’t a clue about the landlord legal requirements. My tenant up till this point had been fine and had stated was moving out but 2 days prior to the end date decided not too. 3. Applications for Proceedings for evictions may not be made until 23rd August 2020 and I can assure you they will be looking for any defect in order to reduce their workload. To cleanse your sins, feel free to read more about me and my blog. http://www.bailii.org/ew/cases/EWHC/QB/2014/4729.html. Any expiry date on your notice or something agreed in an email is really just a "hoped for leave date", even a tenancy expiring requires S21 notice because a new Statutory Period Tenancy will start on the day of expiry if the tenancy is not replaced/renewed. An SPT is also a separate tenancy if the original tenancy was after Oct 2015 and not protected. However, even if it goes to Court we can combine your claim against them as a counterclaim, in my experience a Judge faced with, case law, respectful Landlords who complied as soon as made aware vs Tenants than abandon a property without paying contracted rent, usually means they award the tenant the bare minimum, but award the Landlord all outstanding plus legal fees. 1) I can't seem to find the signed contracts for either AST, is that a problem? For a deposit that was not protected for two to three tenancies it confirms that such cases are a serious breach. If you sought to change this you would open up a risk to costs that would dwarf what you have been asked to pay. Avoid expensive high-street agent fees! Deposit protection has been a requirement since 2007, so no excuse. The whole idea of DPS/TDS et al is that you pay them the deposit and let them know of any deductions you wish to make. Everything I share is based on my own personal experiences as a landlord, Your tenants can apply to a county court if you do not use a tenancy deposit protection (TDP) scheme when you have to. See post 757 for how to contact me, be quick because the dreaded lurgi has me. 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. It’s quite a comprehensive kit. 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. What you want is to have a settlement agreement with the tenant and I can help you with that, they are all done on a custom basis because it varies so much on the circumstances. You say that you were "informed" they would secure your deposit, it is not your deposit it is the tenant's deposit, but this can help you if you have that in writing. 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. >> daily updates or just the This can be seen as mitigating the loss to the agent and once I check your paperwork you can inform them that you are holding them responsible. Paying it back will not release it from the scheme without her permission. When I told my tenant we wanted the house back, after what seems to be a quite amicable rental, my tenant went to a solicitor to sue me for non protect of the tenancy deposit. If she does turn out to be on benefits it means you get more rent than you were getting, that may then mean you are more prepared to reach a settlement. At the same time you do not want the Council poking their nose in because they may encourage a tenant to take the action so that the tenant gets the money which is means the Council can count is as income and grab 85% of it. I do not know if you are aware but the UK is in Lockdown and if it is at all possible you are to work from home. Putting aside the restrictions of Coronavirus legislation which stopped all eviction hearings and required a special "coronavirus" "S21/S8 notice with three months notice. As you have a live case and these comments are public, I suggest you contact me via the forum private message system. There are some obligations that can go through to superior landlords, there has been some recent cases where the intermediate landlord was a sham created to avoid this obligation, needless to say the Court saw right through it. It was my own property and I gave them with everything in it as I was living in. I have an assured shorthold tenancy signed in 2018 which was initially for 6 month and was not renewed but just ran on. 3) You say that any change of the law would most likely make it worse, but surely this is a disgraceful, stupid law, and there's an obvious fix: if the landlords have stolen a deposit, they should return it to the tenant - fair enough. The landlord is a professional landlord who lets out multiple properties. Where a deposit has not been protected within the prescribed time, landlords must return the deposit to the tenant or face being prevented from recovering possession of the property. Pay the deposit back to the tenant and hope that he doesn’t find out that he can get compensation, although it might be difficult to explain *why* you’re giving it back. We used to renew her tenancy every 6 months but eventually just let it roll onto a periodic tenancy. 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. Otherwise the Prescribed Information order requirement would not have been reinforced the way it was. I'm stressed enough with my hubby being ill, do need any more grief, would rather just give deposit back and if there's damage then that's my own fault. Is likely the courts will kick it out what are my next steps their solicitor claiming £1300 £650. For any interaction with you then you have broken the law states that the deposit and/or serve the brings. In safe hands if it is you as the situation behalf of the matter goes to Court they face! 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