gmdale Posted September 8, 2008 Report Share Posted September 8, 2008 Hi, I'm a UK expat who moved to the US 2 yrs ago and whilst here we've rented our home in the UK. as I understand it (now) the TDS came into effect in Apr last year which is unfortunately just before we renewed the AST with the existing tenants. they've just left - and left a mess and since looking into returning whats left of their deposit we're being slammed with the TDS and facing 3x the deposit I understand the logic behind the scheme - however it seems a little lop sided just now. can anyone help with advise on where we stand - having clearly not known about the TDS (no excuse i'm guessing) and therefore not placed the deposit into the TDS when they renewed (after Apr 2007). is it a case of just having to suck it up and pay them the deposit and therefore put this one down to experience? or is it worth seeking legal help and fighting to recoup at least some costs? thanks in advance!!! Glenn Link to comment Share on other sites More sharing options...
Trenners Posted September 9, 2008 Report Share Posted September 9, 2008 Hi Glenny, You broke the law by not protecting your tenant's deposit in a Government approved scheme. Your ignorance (of the law) is not a defence - you are offering a business service (ie: renting property to tenants) and you should always be up-to-date with the law. It is irrelevant that your tenants have damaged your property - that is a separate issue that you could seek to redress in the small claims court. (ie: sue the tenants for damage to your property). If the tenants take you to Court (for not protecting their deposit) then you will almost certainly be fined 3 x the unprotected deposit because that is the penalty that landlords face for not following the rules. PS: I hope you have registered with the Inland Revenue for non-UK Resident landlord status and have been paying them the appropriate tax on the rental income derived from renting your property in the UK. If not, then the Inland Revenue will be prosecuting you soon as well ! Mark Link to comment Share on other sites More sharing options...
Melboy Posted September 9, 2008 Report Share Posted September 9, 2008 If the Tenant takes action against you they will win their case. It has already happened in Court, in Gloucestershire whereby a Landlord failed to protect a Tenant's deposit under the new legislation. The Tenant owed 3 Months back rent and left the property in a disgusting and dirty state so the Landlord forfeited the Tenants deposit for compensation to clean and repair the property up for the next Tenant. The Tenant went to the Citizens Advice Centre and they took the Landlord to Court and the Landlord was fined £1800 and compensation awarded to the Tenant as a result. Crazy isn't it? Just a prime example of another Scumbag Tenant having the power of the law behind them and the innocent Landlord pilloried in the courts through absolutely no fault of their own. Mel. Link to comment Share on other sites More sharing options...
gmdale Posted September 9, 2008 Author Report Share Posted September 9, 2008 Thanks both. understood on the ignorance - clearly pays to pay more attention. All registered on the tax element - as part of the expat we've have help on tax returns in the UK and the US. Course of action is pretty clear then. Thanks again. Glenn Link to comment Share on other sites More sharing options...
J4L Posted September 11, 2008 Report Share Posted September 11, 2008 Crazy isn't it? Just a prime example of another Scumbag Tenant having the power of the law behind them and the innocent Landlord pilloried in the courts through absolutely no fault of their own. Mel. No fault of their own?? apart from not protecting the deposit. No excuses Mel sorry, it's not even a case of it costing the LL to do this because it can be done free of charge. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted September 11, 2008 Report Share Posted September 11, 2008 It is now an exercise in damage limitation Work out how much T "owes you " and inv for it immediatetly................tell them you are happy to offset balance against dep held ..... If T not being cooperative .........then let them go for you (re 3x etc ) and then give 7 days to clear inv as sep issue .....failure to comply to result in employed of Debt collector + fees + int + any further collection costs .... you will at least get some cash back......... But you are not going to win this !! Unless T is skint and DC charges mount up to balance off 3x dep .......which if so get written agreement that deal has been done to finalise the matter The Rodent Link to comment Share on other sites More sharing options...
Melboy Posted September 12, 2008 Report Share Posted September 12, 2008 No fault of their own?? apart from not protecting the deposit. No excuses Mel sorry, it's not even a case of it costing the LL to do this because it can be done free of charge. The punishment does not fit the crime. Mel Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted September 14, 2008 Report Share Posted September 14, 2008 The punishment does not fit the crime. Mel Hi Mel Agree unless we are to be able to charge T 3x rent when they pay late ...........then we will have parity The Rodent Link to comment Share on other sites More sharing options...
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