axil23 Posted May 13, 2012 Report Share Posted May 13, 2012 Tenant saw a property on the 20th through agent. The property was let the next day by me to someone else, T was desperate as he was going away on 22nd so Agent rented him one of my other properties on the 21st without the T seeing it. T comes back on the 12th of the next month and then says he is not satisfied with the property and wants carpet changing, wardrobe, blinds and baby gate. Now according to me the property was in a good condition nevertheless I get the work done in a day. I get a phone call on the 14th from Agent to say that the T has moved to another house and he would like his £250 deposit back. I disagree and refuse to give it back as I held the property for him for 2 weeks and then also spent another £300 on stuff that I don't need to rent the property. T is now saying he will take me to court for the deposit back. What do you suggest? Link to comment Share on other sites More sharing options...
Trenners Posted May 13, 2012 Report Share Posted May 13, 2012 Hi Axil23, Give him his deposit back .... and move on ... life is to short arguing with time wasting tenants over £250. It's not worth the stress, it's not worth the hassle, it's not worth your time. Instead, focus on finding another tenant asap that will appreciate your lovely property and appreciate you as a landlord. Good Luck Link to comment Share on other sites More sharing options...
axil23 Posted May 13, 2012 Author Report Share Posted May 13, 2012 Hi Axil23, Give him his deposit back .... and move on ... life is to short arguing with time wasting tenants over £250. It's not worth the stress, it's not worth the hassle, it's not worth your time. Instead, focus on finding another tenant asap that will appreciate your lovely property and appreciate you as a landlord. Good Luck I see what you mean. But would anyone know the legal point of view on this? As its happened a few times where someone has given a deposit and I have wasted 2-3 weeks in lost rent and then they don't move. Link to comment Share on other sites More sharing options...
Richlist Posted May 13, 2012 Report Share Posted May 13, 2012 I think it depends on wether it was a non refundable fee. Did the receipt you issued make it clear that it was not refundable ? I also believe that calling it a 'deposit' means you have to comply with Deposit Protection rules as far as protection etc is concerned......better to call it an admin fee.....better still to make it a non refundable admin fee. Link to comment Share on other sites More sharing options...
Grampa Posted May 13, 2012 Report Share Posted May 13, 2012 Did he sign a contract and did he move in? Link to comment Share on other sites More sharing options...
axil23 Posted May 13, 2012 Author Report Share Posted May 13, 2012 Did he sign a contract and did he move in? Not with me. He did sign a agreement with the agent but I don't have a copy and I don't think I can get it either. He gave the full £500 to the agent signed up with him and then the agent gave me £250 minus his fees. Link to comment Share on other sites More sharing options...
Trenners Posted May 13, 2012 Report Share Posted May 13, 2012 Hi axil23, If the tenant has given you a DEPOSIT and you have not protected it (in a Government approved scheme) then you have broken the law. I assume you have not protected it? If the tenant takes you to court and proves that he gave you a deposit and you did not protect it ... the judge will award THREE TIMES the deposit as compensation to the tenant ... meaning you will be forced to pay the tenant £750. This really really really is not worth fighting ..... I urge you to give the tenant his £250 back before this turns into a horrible, legal, can of worms ........ which you will probably lose. I don't condone the tenants action ... but it's not worth the risk. Mark Link to comment Share on other sites More sharing options...
axil23 Posted May 13, 2012 Author Report Share Posted May 13, 2012 Hi axil23, If the tenant has given you a DEPOSIT and you have not protected it (in a Government approved scheme) then you have broken the law. I assume you have not protected it? If the tenant takes you to court and proves that he gave you a deposit and you did not protect it ... the judge will award THREE TIMES the deposit as compensation to the tenant ... meaning you will be forced to pay the tenant £750. This really really really is not worth fighting ..... I urge you to give the tenant his £250 back before this turns into a horrible, legal, can of worms ........ which you will probably lose. I don't condone the tenants action ... but it's not worth the risk. Mark Can he do that since he didn't move or gave me an further money. As far as I am concerned he gave me 2 weeks advance rent and deposit was due at moving in time. Technically the deposit was £500 and he only gave a advance with the rest due at moving in time. I guess I can walk away but I lost over 4 weeks rent + had to buy stuff I don't even need due to this guy. He even made me buy Child safety gates and change a perfectly good carpet. At the end of the day he did me wrong. Link to comment Share on other sites More sharing options...
Richlist Posted May 13, 2012 Report Share Posted May 13, 2012 These posts are getting silly. A deposit .....if its called a deposit and even if its only a portion of the full amount = a deposit and MUST comply with deposit protection rules. Surely nobody made you do anything ? Your decision to spend money to meet the applicants requirements was yours and yours alone. Are tenants in such short supply in your area that every time a they shout frog....you jump ? Tenants don't normallly agree to take a property without seeing it so if your guy had agreed to rent your property and it wasn't suitable for him no blame can be attributed to you......except perhaps an over exuberance to spend loads of your dosh making him happy. Link to comment Share on other sites More sharing options...
Melboy Posted May 14, 2012 Report Share Posted May 14, 2012 Axil23 I have to agree with other posts......... It was down to you to whether you were prepared to do what you did for a prospective tenant. Personally I wouldn't have done anything to the degree you did. Any tenant must accept what they are seeing and renting but of course any minor issues can be attended to prior to the tenant acceptance of any rental property and that goes without saying but to go and buy stair gates and a wardrobe ?? learn from this episode pay the money back and move on. Mel. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted May 14, 2012 Report Share Posted May 14, 2012 My view for what it may be worth. From my limited reading of the change in protection deposit tells me a deposit needs to be protected when the prospective becomes a tenant. No tenancy no protection required. Deposit protection law changes - Shelter England The 2 choices I see as to how to view this 'deposit'. It was an initial payment on the tenancy, a tenancy is in place, now the T is liable for the rest of the 6 months. Unlikely. The 'holding' deposit was to cause you not to rent out to another, you didn't. Demonstrate your losses and deduct from the deposit (or keep all). Likely. Link to comment Share on other sites More sharing options...
axil23 Posted May 14, 2012 Author Report Share Posted May 14, 2012 My view for what it may be worth. From my limited reading of the change in protection deposit tells me a deposit needs to be protected when the prospective becomes a tenant. No tenancy no protection required. Deposit protection law changes - Shelter England The 2 choices I see as to how to view this 'deposit'. It was an initial payment on the tenancy, a tenancy is in place, now the T is liable for the rest of the 6 months. Unlikely. The 'holding' deposit was to cause you not to rent out to another, you didn't. Demonstrate your losses and deduct from the deposit (or keep all). Likely. Nice find Cor. So this means that we have to deposit the oney once a tenancy is signed or they move in? Do you L's never get a tenant who moves in then says he would like a certain thing doing? To keep tenants happy these are the things that you need to do. You cant be sitting on your back side and tell every tenant this is the house take it or leave it. Link to comment Share on other sites More sharing options...
axil23 Posted May 14, 2012 Author Report Share Posted May 14, 2012 Just spoke with a Landlords association advice line and they have advised me that its a holding fee and not a deposit. I don't need to deposit it with the deposit scheme until they give me a the full amount. Comments? Link to comment Share on other sites More sharing options...
Carryon Regardless Posted May 14, 2012 Report Share Posted May 14, 2012 Not applicable to your situation but if a T gives a part deposit it needs protecting. Any further payment of deposit then needs adding to the protected amount. Changes requested are a judgement call. I resent upgrading between tenancies, as I used to, only for some git to live lime a Gypo and cause the same again next time. Then there are the good 'uns that are worth having and worth attracting with the extra incentive of "I can do that for you", how the hell do we know. I've never seen a bad T until I've given them the keys. Similar style I not aware that I've ever lost or rejected a potentially good T, cos I've never seen them again. I would return the 'deposit' if it meant saving on broken windows, but I wouldn't hand over easily. If your taken to court you will be offered mediation anyway. Link to comment Share on other sites More sharing options...
Melboy Posted May 14, 2012 Report Share Posted May 14, 2012 Do you L's never get a tenant who moves in then says he would like a certain thing doing? To keep tenants happy these are the things that you need to do. You cant be sitting on your back side and tell every tenant this is the house take it or leave it. Of course we do but let's be honest here would I (we) go about letting a property the way you have described and the answer is no I would not. and then I also spent another £300 on stuff that I don't need to rent the property. So why do it? All of the items (except for the carpet) should have been purchased by the tenant and not you. If the carpet was satisfactory then that should have been that the tenant takes the property as viewed and if they don't like what they see then they move onto the next property. I believe from your opening paragraph there was a breakdown in communication and you should have been much firmer in the way your LA dealt with the new tenant. If you firmly believe that you are not going to return the £250 then so be it but don't be too surprised if the matter doesn't end there. Link to comment Share on other sites More sharing options...
axil23 Posted May 14, 2012 Author Report Share Posted May 14, 2012 So why do it? Had a few properties empty and it was a very quiet period. Thought better to spend a few hundred and rent the property then have it sit empty for a while longer. Thanks for all your help people. Great advice as always Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.