Jump to content

Return of Bond


Recommended Posts


We are not experienced landlords and have an issue with a tenant who to whom we have served tow months notice.

Her solicitor has asked if her bond (£400) will be returned in full as the house has been maintained in good condition. They have also threatened legal action if this does not happen. The issue is that since December there has been a shortfall in the agreed rent paid of £130 per month although this is not the main reason for the eviction notice. The tenant now owes us more in unpaid rent than she is owed from the bond.

Where do we stand? Any help would be appreciated.



Link to comment
Share on other sites

The contract should state that the deposit can be used for unpaid rent and damages etc and if so write to the tenant explaining that after they vacate a full inspection of the property will be done and any dilapidations or rent arrears will be deducted from the deposit and if the deposit doesnt cover it the balance will be required.

Was the deposit protected correctly and the precribed info given??

Link to comment
Share on other sites

The tenants have not moved out - that is not due until mid April. The tenancy started after 2007 we hold the deposit.

The deposit is for use at the end of the tenancy, so at this moment in time, the tenants owe £X unpaid rent and you hold a deposit for £Y.

Unfortunately, you holding (and not protecting) deposit £Y means your 2 months notice is invalid and you are currently breaking the law.

Either: Protect the deposit for free at www.depositprotection.com and provide the tenant with the infomation the scheme requires

Or: Refund the deposit to the tenant (you may be able to get them to hand the cash straight back as rent - maybe!)

Then: Issue a new (valid) section 21 notice.

Link to comment
Share on other sites

Hope their Solicitor isn't so hot on tenancy / housing law.

In addition to the above, you are liable to repay 3 times the deposit back to the T and return the deposit. Protect it or return it ASAP but if you return it document it reliably.

My choice would be to protect it at the DPS (research and register online). Create rental statements (if not already done) and supply to the T.

You would have chance of the deposit being returned to you in lieu of unpaid rents.

As said following the protection of the deposit and serving the prescribed information to the T a new S21 is required, for court repossession the original S21 has no value.

As you were unaware of the deposit protection legislation are you confident that you are able to complete the S21 and serve correctly ? There are mistakes made by the professionals often.

Edit: Don't communicate with the Solicitor, I think they're fishing and aim for you to dig your own hole.

Link to comment
Share on other sites


This topic is now archived and is closed to further replies.

  • Create New...