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LLAW96

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After the recent case of Potts -v- Densley is there any reason or incentive to pay a deposit into a DPS save for in the situation where you want to issue a s.21 notice. I as landlord hold the deposit, I get the interest on the deposit. The tenant does a runner I keep the deposit without having to jump through any hoops. I have control over the desposit when then tenant leaves giving notice and can return it to the tenant once I have accounted for any damage/dilapidation. At the point where I wanted to issue a s.21 notice pay the money into a dps, job done.

Would appreciate others view on this.

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I would agree with your comments.

I am thinking about letting out a property that I have just finished renovating and I doubt whether I would want to put any deposit money into the DPS scheme or indeed take a deposit at all.

In the past I have had tenants treat the deposit as the last months rent before they vacated and like most landlords happy for them to go and move on and get the next tenant into place without any time consuming fuss on who owes what, yes, I have deducted costs in the past for blindingly obvious damage to the property but normally I do accept fair wear and tear.

The tenant / landlord deposit scheme was an ill thought out scheme responding to knee jerk reactions again from a Government at the time who were meddling in things they should have kept out of and I refer to the HIP's nonsense and all that was associated with it.

Mel.

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From what I read the situation is still not defined for us to know, or am I not up to date ?

Give me the chance to 'play' the DPS system to less disadvantage to me and I will.

I wouldn't like to be called to any court to defend, win or lose. That requires effort that I would rather avoid.

I agree that the 'protection' systems are ill conceived in that it only considers protection of T's and it becomes our responsibility and expense to demonstrate validity of any claim for losses. We know where greater consideration will be applied.

I've just been looking to see if I can find how much the DPS hold in deposit monies, and failed. I believe this is the incentive for the scheme as by now it will be BIG money.

They are supposed to divide the interest gained between the 2 parties, if asked for, I did and got nowt. But I don't believe they would just put the money in the bank anyway, it surely will be managed to greater advantage.

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Could you tell me in two words what this case was about? I can't find it in the search results. Also, what about those unscrupulous landlords who will always find a reason to keep a deposit? I believe that's why the scheme was brought.

Am I entitled to keep a deposit if T hasn't paid off his arrears or is it only for repair/cleaning/removal works?

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