ao147 Posted July 22, 2009 Report Share Posted July 22, 2009 I have broken the law by not putting my Tenants Deposit into the Tenancy Deposit Scheme will I automatically have to pay the tenant back 3 times his deposit?? The tenant was only in my property 3 weeks before I started to get complaints from the neighbours regarding the amount of dogs, the amount of people in the house,screaming and argueing and lots more to cut a long story short I asked him to leave and he went. Never gave the keys back locks had to be changed,fence panles broken, floor tiles smashed, house left dirty etc. 4 days after leaving text me to get back deposit replied that I had had to pay out for repairs,cleaning etc and that I would deduct this from his deposit. Basically he has hit the roof sending me threatening texts and getting pretend solicitors to ring me at 8.45 at night. he is now taking me to court because I didnt log his deposit with the right authorites. Any one got any advice? should I contact the Tenancy people and confess ?? I know I have done wrong but I acted on good faith and I think he is a bully A scared lady!!! Link to comment Share on other sites More sharing options...
Melboy Posted July 22, 2009 Report Share Posted July 22, 2009 The first and obvious question is......Did you and he have a signed contract by way of an AST? Legal and Binding. Mel. Link to comment Share on other sites More sharing options...
ao147 Posted July 22, 2009 Author Report Share Posted July 22, 2009 Yes we did. Link to comment Share on other sites More sharing options...
Mortitia Posted July 22, 2009 Report Share Posted July 22, 2009 Hi, You mention the DPS - had you registered with them? Why didn't you place the deposit - out of interest? Take evasive action pronto and photograh damage done and get estimates for repairs. Get statements from neighbours as to bad behaviour. I hope you have proof of place in good condition prior to tenant moving in! Ignore texts and spurrious phonecalls. It could be worth paying deposit back in full and getting tenant to sign a disclaimer about taking case any further - unthinkable maybe but 'get out of jail free' option. If you do this get it drawn up properly and never fail to place a deposit again! Mortitia Link to comment Share on other sites More sharing options...
ao147 Posted July 22, 2009 Author Report Share Posted July 22, 2009 My last Tenants had been in the property for 3 years, didn't actually realise it was law to log with the DPS thought I had a choice = naive I know but only have rented the one property so as my tenant said Incompetent! Bit concerned after reading up about it that the deposit takes upto 10 days to get it back as Tenants usually need their deposit back for new place? Didn't take photo's , have had place cleaned and work is underway !!! I actually knew the lads Aunty so I have been pretty stupid - needed to get the property sorted as it is empty and I need to get in new Tenants as am now paying 2 mortgages!! Neighbours would be only to pleased to give statements and are still very upset that he has taken th poor animals with him as they wers just left in th garden all day and night ( Bull Masstiff, 2 Pit bulls and 2 Rottvieller puppies!! ) I have learnt a valuable lesson here and will obviousely be much firmer and clued up with my new tenants... Thanks for your help Link to comment Share on other sites More sharing options...
Melboy Posted July 23, 2009 Report Share Posted July 23, 2009 In your case I think you will have to pay the deposit back in full and treat it as a lesson learnt for the future. The last case like this I know of was that the landlord was fined £1500 for failing to secure the deposit.......yes, we all disagree with it but unfortunately it is the current law from this useless Labour Government. Mel. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted August 10, 2009 Report Share Posted August 10, 2009 Option 1. Get hold of T and repay dep in full immediatly. Option 2. Protect it immediately and then fight out deductions thru ADR or court I would go with opt 1. + a couple of quid to bury the problem. ALWAYS PROTECT DEPOSIT - Make sure you have an EPC/CP12 b4 reletiing prop! Link to comment Share on other sites More sharing options...
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