Capahs Posted November 5, 2014 Report Share Posted November 5, 2014 Hello to all,I am in a bit of a pickle and would like some sound advice with regards to returning deposit back to tenants. For the sake of brevity this is the issue:● Tenants moved in 2009 (Deposit £1000 paid)● Tenants moved out 2010/2011.● Checked house—ok state; kitchen in a mess/oven etc., parts of the house needed painting. The cost was over £2000, can’t really remember exactly now- don’t have bills.● Deposit was never returned. Tenants never asked for it.● Never heard from the tenants until now. Want their deposit back (2014, Oct), found out I sold the house.● Told them the cost of bills.● Received a letter from solicitor, requiring I have 28 days to paid £1000 for the deposit and £1,800 = £2,800 total (not sure why they have added another £1,800…”a sum representing one times the amount of the deposit” as stated on the letter. As a not of interest, I am not in employment at the moment, and living with my parent for the time being. Can this have an effect?Any advice on how to deal with this will be much appreciated.RegardsAlex Link to comment Share on other sites More sharing options...
Mortitia Posted November 5, 2014 Report Share Posted November 5, 2014 Your personal circumstances are irrelevant in this case. Did you protect the deposit and issue PI? That means place the deposit with one of the 3 approved schemes - this became compulsory in April 2007. If not I strongly suggest you do as solicitor tells you or they could bring a case for 3X the deposit and costs which you will have to pay. If you don't pay a court order will be sought and any assets you have may be seized. Yes, that will stuff you for life - so don't go there. Link to comment Share on other sites More sharing options...
Melboy Posted November 5, 2014 Report Share Posted November 5, 2014 It is as Mortitia has stated if you didn't protect the deposit as is required by law, you are well and truly stuffed. Your personal circumstances will have no bearing on the case unless you are currently bankrupt and have no tangible assets. Link to comment Share on other sites More sharing options...
Richlist Posted November 5, 2014 Report Share Posted November 5, 2014 ● Tenants moved in 2009 (Deposit £1000 paid)● Tenants moved out 2010/2011.● Checked house—ok state; kitchen in a mess/oven etc., parts of the house needed painting. The cost was over £2000, can’t really remember exactly now- don’t have bills. Some of your post doesn't quite make sense.....as your tenants seem to have been in the property for between 1-2 years :- 1. Surely your regular 3 monthly inspections would have flagged up the messy kitchen & oven and any damage to the décor etc? 2. Surely you provided your tenants with details of how the property should be handed back in order to ensure they got their deposit back ? 3. If you had a home owning guarantor for these tenants you can probably still persue them for any money owing. 4. As far as the repairs & redecoration are concerned, you are not permitted to claim the following costs......your own time & effort, improvements, betterment or new for old & you MUST take wear & tear into consideration. Hopefully the costs didn't include any of these items ? 5. It is important to maintain traceable records for costs, expenses and anything to do with renting your property for at least a few years. 6. Presumably you declared the repairs & redecoration costs in the appropriate tax returns for the property together with the deposit income ? Link to comment Share on other sites More sharing options...
Capahs Posted November 6, 2014 Author Report Share Posted November 6, 2014 There is always 'one'.... acting the smart arse. If i requested meaningless parental advice I would have asked for it. Hindsight makes any one look semi-intelligent. Nevertheless, as for the two previous post; that were more constructive - thank you for your input. Link to comment Share on other sites More sharing options...
Richlist Posted November 6, 2014 Report Share Posted November 6, 2014 I'm the one you refer to but I offer no apology. In fact, I see it somewhat differently to you. I believe as a member of this forum, I have a responsibility to identify areas where you can/ could have improved your experience as a landlord. This thread is also not JUST about you. Other landlords who are new to the business will also read this thread and if they have the right attitude they may learn how to avoid your mistakes. I suspect you have dug a big hole for yourself. Link to comment Share on other sites More sharing options...
Chestnut Posted November 7, 2014 Report Share Posted November 7, 2014 I would suggest you initially write back to solicitor a.s.a.p. enclosing amount of tenant's original deposit - it is his money - and ask for receipt. If solicitor then replies requesting additional amount ask for justification. But be prepared to pay something more to secure a final signed off settlement. I concur with others' remarks re. deposit protection etc, but that is easy with hindsight. Link to comment Share on other sites More sharing options...
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