Calvin155 Posted October 19, 2007 Report Share Posted October 19, 2007 I took a advance on a deposit. Now decided not to go with the tenant. Want to return deposit. Tenant is threatening to take me to court. Do they have a legal stand ? I did give a receipt for the deposit. Link to comment Share on other sites More sharing options...
J4L Posted October 19, 2007 Report Share Posted October 19, 2007 What exactly is the Tenant going to sue for?? There's a lot of 'rogues' out there who don't return deposits on properties once they decide on which tenant to give the property to but it sounds as though you have decided not to let to this Tenant (for whatever reason) and that's your choice. If you have offered the full 'deposit' they paid I can't see what they could/would want to sue you for? Unless it's breach of promise or something stupid like that!! Personally, i'd offer the refund, and get them to sign something that says 'I accept this refund as full and final settlement . . .etc' just to cover your a**e. Once signed and accepted it should be fine. On another note, if you took the 'advance' as part of an admin cost then this is not necessarily refundable if you carried out any works, i.e. credit checks, references etc. For future reference if you take ANY monies off people make sure they understand 1) What it's FOR exactly 2) If it IS or ISN'T refundable Link to comment Share on other sites More sharing options...
Calvin155 Posted October 19, 2007 Author Report Share Posted October 19, 2007 I took a advance on a deposit. Now decided not to go with the tenant. Want to return deposit. Tenant is threatening to take me to court. Do they have a legal stand ? I did give a receipt for the deposit. Many thanks for that and very grateful for the responce. I tried calling the guy to return the money. He says he wants my full name to send me a letter from the solicitors. I tried to discuss a way to retun the money but he is more keen to send me the letter. Should I transfer the money to his account ( details which I have when he gave his reference ) and send him a registered letter with his ref documents ? All I have given him is a piece of paper to say ''received a sum of .... as part deposit for ... ( address) '' Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted October 19, 2007 Report Share Posted October 19, 2007 Sounds like the guy is miffed at not getting the prop especially after giving a deposit to secure it ????????? If you have his bank details and are happy to refund then jsut pay it into his acc ..making sure that you obtain a receipt clearly stating acc no and date etc...... Did you "promise" ie possibly create a deemed verbal ast with the guy ? If so were there any witnesses to either confirm or dent this ? When sol letter arrives deal with content appropiately ...if the guy is a complete joker then tell him your name MR Mikel Mouse ......or MR Donald Duck.!!!!!!!!!!!! S Link to comment Share on other sites More sharing options...
Calvin155 Posted October 22, 2007 Author Report Share Posted October 22, 2007 Sounds like the guy is miffed at not getting the prop especially after giving a deposit to secure it ????????? If you have his bank details and are happy to refund then jsut pay it into his acc ..making sure that you obtain a receipt clearly stating acc no and date etc...... Did you "promise" ie possibly create a deemed verbal ast with the guy ? If so were there any witnesses to either confirm or dent this ? When sol letter arrives deal with content appropiately ...if the guy is a complete joker then tell him your name MR Mikel Mouse ......or MR Donald Duck.!!!!!!!!!!!! S Link to comment Share on other sites More sharing options...
Calvin155 Posted October 22, 2007 Author Report Share Posted October 22, 2007 Sounds like the guy is miffed at not getting the prop especially after giving a deposit to secure it ????????? If you have his bank details and are happy to refund then jsut pay it into his acc ..making sure that you obtain a receipt clearly stating acc no and date etc...... Did you "promise" ie possibly create a deemed verbal ast with the guy ? If so were there any witnesses to either confirm or dent this ? When sol letter arrives deal with content appropiately ...if the guy is a complete joker then tell him your name MR Mikel Mouse ......or MR Donald Duck.!!!!!!!!!!!! S Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted October 22, 2007 Report Share Posted October 22, 2007 There's a parrot on here somewhere ! or is it just an echo ?!! S Okay calvin so how did you get on ? Link to comment Share on other sites More sharing options...
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