With respect, you do not have a clue what you are doing, you seem hell bent on punishing this landlord for what may have been an simple oversight and you want to hit him up for £15k. My advice would be to first log into the TDS portal and check exactly WHEN was the deposit, albeit inferior amount, was protected. We were told in writing beforehand, and in the contract(s), that the deposit(s) would be protected with a specific DPS, though we received no further information about this after the deposits were paid. You can read about it here. The agent is not picking up my calls and the office where they use to operate from is no longer there. The scheme keeps the money separate from the landlord and the tenant and eliminates abuse by either side. You should be fine filing the electronic versions and the supporting emails etc. I do not know if you are aware but the UK is in Lockdown and if it is at all possible you are to work from home. Is it even too late to do this? But if they have not registered the deposit, the fine should go to the crown. The Court does not care about apparent anything, especially not scooter parts because they are not in the legislation. I would really appreciate your help. Much appreciation for this very informative blog. The general advice to tenants where landlords have not protected the deposit is to wait until they have vacated the property. £209 Electrical Installation Condition Reports (EICRs), Free downloadable Guide for New Landlords, How to find short-term tenants (under 6 months), ALL articles on Finding Tenants & Marketing →, ways you can legally end a tenancy agreement, Letting Agent is a member of a Property Redress Scheme, After Your Tenant’s Deposit Is Secured- Prescribed Information Guide, Coronavirus Update #3 For Landlords: Tenant Eviction & Repossession Bans. If you need any help with writing a strong letter to get your deposit back and to help negotiate a settlement feel free to use the details in comment 703 above to contact me via the forum. At the end of the tenancy the deposit is returned to you less any agreed deductions. deposits held by landlords and letting agents from April 2007 have had to be part of a scheme to ensure tenants get treated fairly when it comes to getting their money We extended the leaving date a couple of times and eventually agreed on the 31st July. Fill In The Form Below For a Free Callback Conversation But what happens if the tenant didn't sign the second time, but lost the AST, so went onto a rolling contract. Please email me notification of the latest landlord posts, tips, advice, promos & exclusive discount codes. This can be seen as mitigating the loss to the agent and once I check your paperwork you can inform them that you are holding them responsible. Can tenants ask agents to withhold next of kin details from their landlord? I am likely to raise a dispute with the TDS, as the negotiation isn't going anywhere, and am also frustrated and dismayed as the full deposit was not held properly and no explanation received. 2. In fact they have introduced a whole load of new hurdles and requirements. The purpose of this blog is to provide information, comment and discussion. This does depend on them being contractually liable, I would download copies of all their terms in case you do not have them to hand. Just want to check you have received it? There is a ‘bonus’ section introducing section 21. found 2 girls on gumtree, they rented my property and paid me £1000.00 deposit. Another factor that works against landlords in judgements is when they do not give the deposit back, if they make spurious claims of damage for what can be fair wear and tear. This is the main reason so many tenants wait until they have vacated before they make a claim to sue the landlord for not protecting the deposit. Viewings tend to be done for convenience of the agent, so booked up one after the other. This rule applies to an Assured Shorthold Tenancy. On this basis, would it be better to submit the claims for each contract separately? I recently settled a similar claim with a tenant, the agent tried all sorts of delaying tactics but in the end paid 9x the £1500 deposit. 1) I can't seem to find the signed contracts for either AST, is that a problem? I am really not seeking compensation, I just want my deposit back even allowing a 'fair' deduction of 100 pounds or so. Or - does the deposit have to be physically refunded to their account to be classified as refunded? Tenant fell behind on their rent and are now seeking assistance from the local council. I will not seek them pay bills and allow them to stay for sometime in property so they can find another decent property to live etc. Is this something we should bring up to help reclaim our deposit? A tenant, who takes legal action, can expect to be awarded compensation because his legal rights have been denied. I also have quite a big section on the law. Neglected to put the deposit received in a scheme. The deposit was bonded within 7 days, but the pi was not given until after 30 days, so from what I have read there was a breach - stupid me. There is no dispute that we failed to protect the deposit within the time scale due to a mitigating circumstances, but as soon as it was brought to our attention by our tenants we entered it into the scheme the same day, and have provided the tenants the prescribed information, deposit scheme certificate and addendum as soon as it was protected. I have read that one approach would be to refund the deposit to the tenant and then serve a s21. I'm looking into claiming for two separate tenancies that I had with the same landlord - neither time the deposit was protected. It is more than filling in the form, there is a payment to be made, either of the deposit or a paltry amount if you use the insurance version. This is very helpful. It’s also not unusual for tenants to be aware, but waive their right to prosecute because their landlord has been reasonable throughout the tenancy. Didn’t protect deposit and tenant turned nasty taking us to court for 6 times deposit! So yes if you have rectified the error you may serve a S21 but that would put their back up and from what you say you may be facing two breaches of at least 1x the deposit, but we can negotiate a settlement. No matter what the reason: You will not be able to serve a valid section 21 notice, and. I feel I am genuinely responsible tenant and have had no problems with rent payment etc. No you will NOT be getting any interest, WTF do you think the sanctions are? Paying it back will not release it from the scheme without her permission. The full amount went to him at the beginning of the tenancy. The money did not get deposited. None. I am hoping the tenant then doesn’t become aware of her right to claim. You can always give the scooter parts to the Police. I then went abroad due to family bereavement. I've had awful tenants for a 6 month winter let. Any information I share is my unqualified opinion, and should never be construed as professional legal or financial advice. I honestly doubt that there will be new eviction proceedings before December and actual evictions before February. As this has already got to a firm there is no point seeking a reasonable correspondence as they will drag things out to get fees for the letters they write. Hi, I failed to protect my tenants deposit in a prescribed scheme as I didn’t realise my payment to insured scheme had failed. If you do not protect your tenant’s deposit, there can be serious consequences. 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