Deposit Protection Schemes

[drsteven]

Hi Guys,

New to this forum, or any forum for that matter. Glad to be a member and meet you all. 

I have an issue here.

We need to get our tenant to move on. They have been on a rolling month by month contract for around 4/5 years. I've sent them a section 21 but he won't go and says it's not valid. His reasoning is because I didn't protect his deposit within 30 days. Which is technically true, it took my 4 years lol. Yes I know. So essentially he won't go until the deposit is paid back, then I can issue a 'valid' section 21. So I've begun the task of returning his deposit in full. 

My question is this - what protection do I have for any damage that has been done? If we get the house back and it's trashed? Does he just get to walk away?

Here's a scenario, can I just give back his original deposit and then can I make him give me another deposit back? Just make sure it's protected within 30 days this time? Or what? 

Thanks guys! 

[Grampa]

If you have not protected the deposit within the required time there is no going back regarding the risk of penalty up to 3 times the value of the deposit. I believe the tenant has a window of 6/7 years to make a claim after the tenancy has ended. 

Yes, returning the deposit is the right thing to do to be able to serve a s21.

The fact that there will be no deposit now does no absolve the tenant of their obligation to look after the property and return it in the same condition as stated on the inventory LESS WEAR AND TEAR. If you dont have a detailed inventory SIGNED BY BOTH PARTIES when the tenancy first started you will have little chance of claiming for damages/dirt etc anyway. If you do have an inventory you can still claim from the tenant for damages it just means you are not holding any funds to off-set them and will have to claim via the small claims court.

After a tenancy of 5 years+ you would be looking at redecorating anyway as a landlord even if they were the perfect tenant. 

[Richlist]

1. You can't 'make ' a tenant (or anyone else for that matter) do anything. You can ask, request, plead, even beg and if they say no.....you have recourse in law.

2. Serving a valid s21 does not guarantee your tenant will vacate the property. If they do not move you need a court order and ultimately baliffs.

3. A deposit is a very poor method of covering any damage at the end of a tenancy. Most of us still take a deposit because some tenants actually believe they won't get it returned if they do something to damage the property. The truth is that deposit protection really favours the tenant and landlords have to jump through hoops to get any money from it.

The two best methods of ensuring that you will get what you are entitled to is:

i) Get the tenant to supply a home owning guarantor.  and/or

ii) Take out rent guarantee insurance.

Many tenants have no spare money so without the above your chances of recovering rent or damage from the tenant is negligable.

Welcome to the world of the private rented sector.?

Most of us complain but many of us have still done really, really well out of it.?