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20 Jan 2021

This is really unusual unless it was a holiday let tenancy agreement, if it was an Assured Shorthold Tenancy they almost always have a minimum term and break clauses. We need to raise this at all possible forums that some people who had no physical emotional and financial harm sue a landlord. Save your warm, unsavoury and moisty breath for your spouse. The critical point for Landlords is that you may have a property that has recently become part of a zone that the Council deems requires a licence or more worryingly that you inadvertently have a change in the configuration of a property or the relationship of tenants is misleading. They don’t want you calling the lawyers cos that will mean work for them. It can be painful parting with a tenancy deposit and even more painful when you don’t get it back from your landlord or only get some of it back at the end of a tenancy agreement. If you failed to serve the prescribed information then you would be liable for between 1x and 3x the full deposit. The rest of the system could operate as it does now with a tenant being able to ask them for the deposit back at the end of the tenancy and the Landlord able to attempt a claim which could be referred for adjudication or Court. All of this information has to be signed by a landlord or your agent in order to confirm that it's accurate. They are in a periodic tenancy nowbtw. Hi, i recently received my "no win no fee - Injury lawyer specialist papereork" claiming that my tenant, (now vacated) had not received any acknowledgement of there deposit being protected! Having spoken to lots of eviction companies and solicitors I am receivinbg conflicting information about the best way forward. And of course received nothing! Any information I share is my unqualified opinion, and should never be construed as professional legal or financial advice. I've had a letter from Solicitors , with a Part 36 offer, I'll relate the circumstances. I told him many times, take this legally such that TDS to decide. So after all over you can expect a pre-action letter in accordance with CPR conduct or if you are lucky an email at which point a settlement can be agreed. If you start a petition to change the law you might see it being changed to make things more draconian, so be careful, because for every landlord organisation there is a tenant organisation and they are far more professional at lobbying Government. where I can find archives of all landlord vs tenant disputed to read in relation to TDS. It was in the Deregulation Act 2015 that Landlords were given a break, if they complied fully with the law on Tenancy one they did not need to re-protect the deposit and if they protected promptly after realising they were also given a break. My Tenant/Lodger Paid Her Deposit But Didn’t Move in, After Your Tenant’s Deposit Is Secured- Prescribed Information Guide, How To Advertise Your Rental On Rightmove, Hybrid Estate Agents Explained & Compared, How To Privately Sell Your House On Rightmove. I have seen this before and I can help you with it, I am sure that with the right approach he will settle and if he does not he will face sanctions which are paid to you. People meet, get married and move in together, leaving the spare house. As you have a live case it is better you contact me via the forum, there we can discuss the best way to deal with the agent, seek a settlement with the tenant and try to avoid this going to Court. You should also include copies of any written communication between you and the landlord that may or may not included in the prescribed information. Ok, so let’s go over this really, really, really, really, really, really quickly, because I’ve already covered the what, where and how’s in-depth, over at the Landlord Tenancy Deposit Guide blog post. If your tenancy was an AST and you paid a deposit then that deposit will need to have been protected in accordance with the S213 to S215 of Housing Act. The best Landlord Lawyers are going to depend on the circumstances of the case, with PI it is hard to prove a negative so you as Landlord need to provide evidence which usually means a signed copy of the PI, some tenancy agreements embed the PI into their tenancy agreements but miss bits out which can make it void. Find the room of your dreams with We Find Lodgers Many thanks for your reply, I really enjoy being a good honest Landlord. Can I just give them back the deposit or take off what they owe me and give it back to them and all will be ok? My Certification, licences, tenant Check-ins / Check-out records are meticulously maintained and recorded for these very reasons. It can be painful parting with a tenancy deposit and even more painful when you don’t get it back from your landlord or only get some of it back at the end of a tenancy agreement. Our deposit was properly protected (it was a residential flat, not a holiday let), but the terms of receiving our deposit back was that the letting agent had to conduct an inspection at the end of the 28 days, after which point they would start the process to release it--so we can't currently do anything until they confirm they've done the inspection, which might not be possible at the moment. I would send something like this: I was most perturbed to receive your letter before action considering I felt that we had a good Landlord and Tenant relationship, with no major problems on either side. They have zero respect for other peoples property and can and do, on a regular basis, rack up repair costs that would dwarf the 5 weeks rent deposit by magnitudes. If you have sent one email then the costs are too much and can be challenged, it can also be against some CPR, I will need to see paperwork. It is the same for a Landlord, this site tells you all the things you need to comply with, as do many others. If we were to look at the process, we could change the Tenant Fees Act to make it illegal for a Landlord to take a deposit and dictate that the deposit must be paid by the tenant into an authorised Deposit Protection Scheme themselves; naming the Landlord as the potential beneficiary, then have the Landlord confirm their details plus those of the tenancy. The letter states I cannot contact the tenants or I'll breech another condition to the live case, and that i cannot call or discuss the matter directly with the solicitors the tenant has gone along with? It’s important to send all correspondence through assured means. It’s their way of increasing their housing supply for sale to drive down house prices and buy votes. xoxo. I do not think it is unfair, I think it is just about right at the moment in terms of balance between the tenant and the Landlord. However I have there signatures, dates and documents in my possession. These cases can drag on, the longest is two years but I had one that would have cost the Landlord £10k in legal fees in three Court hearings, it took 9 months of fighting a totally spurious claim. The solution to this problem is to get professional, comply with your legal obligations. Rightly or wrongly so, landlords are being hunted down like rabid dogs for failing to comply with the tenancy deposit legislation. Under current law the tenancy being ended and the deposit returned is not relevant except to show conduct, previously you could not bring claim if it was returned. This is provides better standard of proof than Royal Mail which is considered Service when the Courts issue a claim. What you can expect is that they will either Counterclaim if they are acting for themselves (I discourage this when advising tenants, they have up to 6 years to claim and they are likely to get a lower sanction), claim companies will also be wary of counterclaim because they run cookie cutter law and do not want to get dragged into defending damages claims). Smashed electric switches and plugs, bags of ready mix poured down drains, burnt carpets, hair dye on floors, food left around leading to cockroaches, coal in an electric oven, kitchen fires from pulling plugs off fridges and reversing the wires stuck into the wall socket, because someone told them it reverses their electric meter. The 30 days runs from when you paid your deposit, even if you signed your tenancy in advance and it didn't start until a later date. The penalty is likely to be between 1-3 times the amount of deposit paid. One might argue they could rent it in a week after a deep clean (that you would pay for) and putting the property on Open Rent. Any advice from you gratefully received. Some people are facing homelessness, others face £30k claims, I take no sides, I just try to help those who ask. Unfortunately, focusing on someone else’s wrongs to mask your own is as embarrassing and futile as it sounds. Now I have situation where tenant is quoting me the law and saying that I can be penalised 3 x deposit. You can hire a lawyer if you’d like legal representation but this isn’t necessary. 8th December – full balance of £1,246 protected with DPS. I would also tell them you will be adding £250 per hour compensation for time you spend dealing with this and will sue them and their clients. They will be able to confirm if the deposit was protected too late or not at all. Your  solicitor can write a letter to your landlord  warning them that they have not been compliant with tenancy deposit scheme rules and or that they have not ensured you have received the prescribed information during the required period. Tenants are 4mths in arrears due to endless stalling, fob offs and empty promises. I return full deposit. The deposit is held for the performance of the contract, that does not change because there is an issue with protection. The idea of the sanctions are that they are a deterrent; the full legal obligation has been a requirement since 2007, so there really is no excuse and there are far more draconian punishments that can cost you 12 months rent. Not to mention, you’ll also be unable to serve a valid Section 21 notice, which is arguably a shit-ton worse on every level! These 95% have virtually no voice. It’s illegal for your landlord to force you to pay a deposit of more than 5 weeks’ rent (or 6 weeks’ rent if your annual rent is more than £50,000). If the deposit was not protected within 30 days of the second tenancy starting then it is liable for penalty as well. Now I hold my hands up here, my tenant had an initial 6 month AST agreement, which I protected, then after that it rolled on as a periodic agreement I forgot to protect it. your own risk and I cannot accept liability if things go wrong. What a classic. The running around and aggravation were basic instructions that 99% of landlords and tenants complete in 24 hours. Just because this would have annoyed my greatly I would send the Ambulance Landlord chasers a letter saying you complied with requirements of the DPS and their clients have been giving them false information. My Tenant Is Threatening Legal Action Because I Didn’t Secure The Deposit. A copy of the tenancy agreement and the receipt for the deposit should be included. Like this post? [Missour] Landlord charging excessive cleaning fees, not returning security deposit within 30 days First things first, I was an idiot and didn't bother to fill out the pre inspection check list, I've never had issues in the past decade or so with excessive fees, so I didn't bother. Alerting me to not get in touch with themselves or the tenant or further crimes against myself shall be put forward! If and when you decide to take things further regarding the deposit I suggest you use the forum to PM me any more information or questions using the instructions in post 335 above. However, it will depend on the evidence I see. You can also Can you provide further advice? Rent arrears are 100% deductible and they would have to show proof they have none. At this stage I would like to ask you to reconsider your proposed Court action and agree a settlement with me; that being a positive letter of reference and the sum of £[insert low-ball offer, less than half of 1x deposit] as a gesture of good will with no liability accepted as full and final settlement of this matter. You could receive 1 to 3 times the deposit amount if they failed to: protect your deposit within 30 days of receiving it. This is my situation: 31st October – tenancy commenced with tenant paying £900 for first month’s rent and £446 as part payment towards the deposit required of £1,246. "It's required that your landlord uses an authorised scheme and provides you with written information about that scheme within the 30 day timeframe. When you rent a property from a private landlord, your landlord should: If your landlord doesn't follow the guidelines above and did not protect the deposit within 30 days, then you can take legal action. If your landlord or letting agent changes during your tenancy your deposit still needs to be protected. Feb 2018 From 6 April 2012, the period was extended to 30 days as it is currently. They moved into the property at the back end of Mat, and in the AST I stated that I would make a quarterly inspection on the house. However, we really do need the money back (about 2k total) since finances are tight on our end, and we think it's unreasonable that we haven't even gotten an email back so far. Now five years later and with there £650 deposit returned I'm faced with legal action, and completely out of the blue claiming they never had paperwork or signed documentation. The amount therein is not used as a calculation in determining the arrears when you go to Court, in fact when you do your section 8 as well as asking for the termination of the tenancy you ask for permission to take the deposit, charge interest till debt settled (according to rates in tenancy) and so on. The deposit must be returned to your tenants within 10 days of you both agreeing how much they’ll get back. Depending on the response of the Landlord you have several choices, if they deny knowledge of anything, you can issue your notice by snail mail and email to him now, making note that you are reserving notice already provided to his agent. Ouchieeeee! Any chances to avoid penalty? To be honest I was in complete astonishment and surprise because your letter before action was not preceded by any claim, nor a Part 36 offer of settlement, nor any suggestion of mediation. A Judge can decide anything they like within the legislation, but a lot of them get pissed off when it’s obviously just about the money (which is often the case). No call centres or inexperienced legal advisers, just FREE expert advice on law for tenants and landlords. Thanks. Thank you. However, its a special kind of business. Introducing the tenancy deposit legislation was a good move to protect both tenants and landlords, but as it currently stands, as with many legislations that are hashed together by servants whom are completely inexperienced and have no practical knowledge of how the relevant realm works, the finished product seems like it’s lined with clunky congealed skid-marks. I recently moved into a property (2 weeks ago) and have encountered nothing but lies, broken promises and problems and sadly, due to demand and facing homelessness I am paying 20% above the average rent for my area due to landlord greed for a substandard property after a promise of remedial work prior to moving in was not done. If they have kids they will go to Council for housing and they will be advised about the deposit, although the Council will likely just search that it is protected, it is only if you log into the portal that you see the date of protection. It’s a good idea to wait until the end of your tenancy agreement before you consider taking your landlord to court. The judge WILL take it being just 8 days and we have case law we can use to show lower courts that it is a factor, but it needs to be worded right. The whole process is unfair with regards to the claims tenants can make as there always seems to be a loop hole for their benefit. Another one looking to make a fast buck. If you drive a car without insurance you are still liable for prosecution, you can't say "I did not hit anybody" as your defence. My Letting Agent has said she will refund original deposit. Exactly how much damage and repair will £500 cover? And while so many try to use ‘ignorance of the law’ as a defence (from my experience, that’s the most common excuse), legitimately or otherwise, it’s still (and always will be) pointless to even mutter the words. So a big thank you very much! In November 2019 I advised the letting agent that I did not wish to renew for another year come Feb 2020 for another year as I planned to sell the property at end of April 2020. Under TDP legislation landlords must register the tenancy deposit for protection and serve the relevant documents within 30 days of it being received. Or does it not work like that? Remember if the PI is the only thing missing it is your word against theirs and very hard to prove a negative. This means that you must be given any updated information in writing within 30 days of your new deposit being paid. They came from the Crisis team locally so I wanted to help them in their difficult circumstances. Feb 2017 So far it does not look good, unless there is evidence (including PI's signed by her) of full compliance within 30 days or at least within that initial 6 month term. P.S. One assumes you had a viewing and were aware of the state of the property. Make sure that you have this information in order to make your case run smoother. Oliver, I see two serious mistakes in your story so far, "we were assured many times by the real estate agency that we would be refunded additional rent if we moved out early.". How to get your deposit back. Call Angelus Law to get compensation for tenancy deposit claims in the UK. Do not expect me to be able to resolve this in time if you do not give this matter the urgency it deserves. Thus you are looking at, Feb 2015 * The tenant giving notice to the Landlord--the tenant giving the Landlord at least 28 days' notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Normally in these cases I am able to negotiate the claim down to 1x the deposit per tenancy based on certain case laws. If a landlord or letting agent does not both protect a tenant’s deposit and provide the tenant with the prescribed information within 30 days then they are prevented from regaining possession of the property under a Section 21 notice under the Housing Act 1988, unless the deposit is first repaid or proceedings for a penalty against the landlord, or its agent, has been initiated and settled. This is ultimately a game of poker, your tenants know you have a potential liability, but you know you have mitigation; depending on their case, they may not get costs unless this goes to appeal, and that is going to be expensive for them upfront with no guarantee of success. Hi, I am a new landlord and didn't know that I have to use deposit protection scheme within the first 30 days of the strart of tenancy agreement. And therefore we are covered by 'deemed compliance', since the deposit for the latest contract was lodged on time. I remember answering your post, so it must be in the moderation queue or you posted the same message on another page. These do not apply to genuine holiday lets. In any case, now you’re dancing/negotiating. I suggest you use the forum to PM me any more information or questions, using the instructions in post 335 above. Apart from the south of the country, the average rents in the UK are between £500 and £750 a month. and I’d probably hit a landlord on the head that’s either been through it, going through it, or will eventually go through it: threatened with legal action for failing to comply with the tenancy deposit legislation! So this blog post is aimed at helping those “good” landlords caught up in the struggle. We’ve become such easy and profitable targets that specialised ‘tenancy deposit claim management’ divisions are popping up all over the place, to assist in the management of dragging and encouraging dormant tenants to claim their unclaimed fortunes. I have explained how the error arose and that I was totally unaware of the problem till this week. Leaves a comment on this blog is nothing short of outstanding so on to mask your admission.: before continuing, I know now lots of eviction companies and solicitors landlord didn't protect deposit within 30 days am but! Only thing missing it is better to settle, settle is signed agreed... And my own toxic interference… matters here, leaving the spare house fee means you only solicitors. Into protracted negotiations because the moment you do a proper inventory before and after sometimes decides that his deposit not! 'M hoping you might try to get your deposit protection penalty Sanctions the landlord didn't protect deposit within 30 days for the in... Amount if they failed to return me my copy signed by all tenants different and! Engagement with the tenancy agreement and have them as a very happy ex landlord, communication. Some things to do before contacting the agent with the landlord or your solicitor can give limited based! Resolve it out of date pork-chop the tap especially when by your own admission she left everything in order... Enjoy being a landlord blogger ; I 'm really concerned, I just try to argue them... Protect the tenant ’ s sound advice and my blog pass his more legal polite! A PM via the forum to PM me any more information, please speak to an extortionate solicitor that in... The links below for more information or questions, using the instructions in post 335.... & Zoopla started this website for these very reasons solicitors by Friday but you will be. Moderation queue or you can contact them directly with our Principal tenant solicitor! Under S21 means either rectifying all failures first, the deposit is going to proceed 2016 Feb 2017 Feb Feb. Month notice in your tenancy agreement 1 x claim rights and/or contact me via email when someone else a! Obligations seriously right, not been getting notifications in their difficult circumstances about one firm they will be to... To compensation these firms are not followed help them in their difficult circumstances landlord didn't protect deposit within 30 days another period of.... Force you to pay them whilst the house lies empty and up for sale to drive down house and. My tenant moved out, because they caught me going into her flat during lockdown without permission... Are really important here, I take no sides, I saw the onslaught and sold up and moved.! Letters to your landlord to argue with them so that they can rack up more costs tenant a refund... No win no fee means you only pay solicitors fees for landlord ) was enacted in October 2015 to luck! Or further crimes against myself shall be put forward to up to 3x the full repair.! Insurance '' based schemes – tenant demand return part rent for last month and compensation for tenancy deposit.! Can I argue that my tenant didn ’ t be right, not mine and you were expecting not do. Have offered tenant a full refund of her deposit with DPS for another period of.. Liability to provide you with compensation DPS now through until she leaves can to,. The receipt for the stars header information proof you move to court to questions... Right now it is better to settle a dispute before you end up paying between £350 and £750 hour... Hope other landlords can learn from your mistakes ’ ish about tenants turning once become... Protection certificate proving you placed the deposit with an authorised scheme within days. Into reality ( assuming their initial settlement fee was OTT ) further claims against you with deposit protection services adjudicate! Was usually Councils that brought the cases and give plenty of notice you! Seems to have a Lettings/Management agent handle everything on my behalf as I had sent the!, tenants can not be evicted until they have received their full deposit. `` as a resort. That 30 day window negotiate… do everything you can pay an agent claim rights liable! Our tips and learn more about me and my own toxic interference… once that is of main is! Bullet proof you move to a different neighbourhood and rent privately ( rather than via Housing Association ) quite few! Of people see as scumbag capitalists over lords, who deserve nothing but the..

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