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Tenancy Deposit Scheme


gmdale

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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 :o

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

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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

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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.

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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.

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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

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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

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