It’s a business that a huge % of people see as scumbag capitalists over lords, who deserve nothing but the pox. 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. Please follow the instructions in post 304 above to send me a PM via the forum. You will only be liable for the £100 shortfall, but you should also make sure that the deposit did not exceed 5 weeks, you should have refunded any difference between deposit amount you took and 5 weeks rent. I am not sure what archives you are expecting, these cases are mostly heard in County Courts and these are not filed in any archive that you could search, also they would not related only to TDS but to all of the authorised deposit companies. Thus you are looking at, Feb 2015 SO WEAK. Thank you so much for your reply! The deposit is protected for the performance of the tenancy so you can deduct their arrears from the deposit by making a claim with the deposit protection company you used. I hope other landlords can learn from your mistakes. A token amount will mean token compliance and make it far far worse. 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. You or your solicitor may be required to go to court to answer questions about your case. Then we had about 8 case laws that caused no end of problems for Landlords, finally resulting in a virtual deposit being needed to be re-protected even though it was protected. I do wonder how many have done this. thanks for your help. Exactly how much damage and repair will £500 cover? This legislation applies to every landlord in England and Wales that has taken a deposit from a tenant under an Assured Shorthold Tenancy Agreement. I think I messaged you but I really need to use your services with a tenant taking me to court. To this end I am prepared to provide the positive reference offered previously and increase my offer to £[no more than 1x deposit] as a gesture of goodwill in full and final settlement with no admission of liability. Your deposit is a one-time payment that is collected by a landlord and is intended to cover any damages made to the property or other contractual obligations like unpaid bills, including rent. Save your warm, unsavoury and moisty breath for your spouse. I am reliably informed that a Judge will take into mitigation the fact that I am a novice Landlord, [and that I quickly protected the deposit in an approved scheme as soon as I became aware of my unattended oversight]. We have everything in writing, and we did provide our 28 days notice and exact move-out date both in person and in writing to the letting agent (in Scotland), as well as arrange that we would leave our keys in the flat given we were moving out on a Saturday when the office was closed. As explained I had sent them the attachments with an email that I myself are sent across from the "TDS". I only looked in to everything after my tenants have started to stop paying the rent and I begun looking in to a section 21 notice. As this is a live case, if you require further advice I suggest you use the forum to PM me any more information or questions using the instructions in post 335 above. 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. Stay strong! I would need to see that contract to say more, so you would need to contact me via the forum to do that, (please use the instructions on post 335). Or did you locate a pro forma elsewhere which you could send a link for? Disclaimer: I'm just a landlord blogger; I'm 100% not qualified to give legal or financial advice. If the Landlord/Agent does not agree with your application, or does not make an alternative application within 30 working days, the full deposit is repaid to you within 5 working days of the end of the 30 day period. Important disclaimer: before continuing, I must clarify, the following is NOT legal advice. Store these properly for 6 years. There is a chance for better news if your Agent provided a full service or told you in an email or contract that they would protect the deposit or if their terms say they will protect it. If you failed to serve the prescribed information then you would be liable for between 1x and 3x the full deposit. 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! Call Angelus Law to get compensation for tenancy deposit claims in the UK. I was shocked after reading the site and blogs how widespread this is, I know I'm in the wrong though that's hard to accept after doing the right things and being a good landlord, some small consolation, and hopeful that I can get help to resolve this matter to a reasonable financial amount. Reply. The landlord (or agent on their behalf) should protect your deposit and provide you with prescribed information within 30 days of receiving the deposit. If they have taken responsibility it brings two things into play, first is a liability for negligence, so you can sue them for the consequential loss you have suffered, including legal fees. Refunding this difference before a tenant left might have brought the amounts closer together. It is your money and your risk appetite that matters here. £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 →, “I Haven’t Protected My Tenant’s Deposit, What Should I Do?” blog post, Tenancy Deposit “No Win, No Fee” Recovery Service. Following the counteroffer you suggested I I have now reached a verbal agreement but desperate to find some words for the Settlement Agreement to make this full and final settlement for all outstanding matters and include a gagging clause to prevent them unsettling my current tenants or others. Sorry for the delay in replying, not been getting notifications. this all started when he started asking more money for internet fees after 18 months he realized that he is not charging for internet fees, but all bills included as per agreement and I refused to pay. My husband and I were renting a place where we prepaid 6 months' rent, but the lease was rolling, so we were assured many times by the real estate agency that we would be refunded additional rent if we moved out early. Thanks in advance for any help David. We ended up having to leave early when coronavirus broke out (we had come from overseas and needed to get home before borders closed), leaving 3 months' rent due to be refunded after our 28 days notice. Feb 2018 Anyway the Limitation Act applies and gives them 6 years to file a claim and 12 years in some special circumstances. What I am STILL seeing every week is landlords who think the deposit is a redecoration fund, an improvement fund or just something they can dip into. After receiving the threat, you should respond swiftly. But what’s most worrying and disappointing is that many tenant’s chase after the easy money despite the fact they’ve benefited from a perfectly reasonable landlord throughout the tenancy, so that’s why many landlords are often caught blind-sided by what is quite frankly, daylight robbery. Also, I've noticed that I only protected 2k of their £2100 deposit with DPS. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord.". 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. 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. 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. Finally, it must also outline what happens if you don't get a response from your landlord by the time that the tenancy ends. I’m currently working on getting an example Settlement Agreement as an early Christmas present from me to you, so sit tight for that! You should write your response knowing that a Judge or Mediator may look at it; that means you will want the Judge to see that you are the fair and reasonable person, while the tenant is nothing but a bumbling buffoon, using the Court to decapitate your wallet for some easy cash. Fine. What’s your story? One eviction specialist company said that it could still be used to off set some of the arrears even though it was protected late. Every landlord should unequivocally comply with their legal obligations, even the policies that are more ghastly than the boils on your mum’s sloppy face. I remember answering your post, so it must be in the moderation queue or you posted the same message on another page. Court procedures are really important here, I have see Judges punish Landlord and Tenant if aspects of procedure or CPR are not followed. That can be a powerful deterrent for the donkey to proceed. 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. With their beady little eyes firmly on the prize, they’ve probably contacted you demanding compensation, typically somewhere between 1-3x the deposit value. It is all going to depend on your evidence of her receiving the PI, because if you fail in full compliance of the law in the first tenancy and do not rectify such a failure within the term of the first tenancy, then the failure applies to both with a sanction for each. Landlord did not return security deposit within 30 days. I would be delighted to take up your offer with the current allegations I stand to be liable for! This is provides better standard of proof than Royal Mail which is considered Service when the Courts issue a claim. To add David, they didn't leave the property perfect, not awful, I've got pictures, though I didn't withhold any money as I wanted them to go forward on the best foot to their new home. You are right that anyone offering free advice is under no obligation or liability to provide you with a professional service, but I do my best, based on the priority of the case. Protecting the deposit is free with the DPS and under £30 if you insist on an insurance scheme, keeping the deposit yourself, but that opens you up to "forgetful failures" where there are requirements by you to re-protect the deposit. Hello, what a great forum! If the deposit was not protected within 30 days of the second tenancy starting then it is liable for penalty as well. So to emphasise…. I simply replied not to worry, as I shall bring the copies for you to have and read through the (PI) then sign keeping your copies and mine for records. Just a word of caution. This all goes without saying, but just as well to always bear it in mind. I return full deposit. If you’re currently caught in the cross-fire, the odds are it’s because your tenant(s) has discovered you’re ripe for prosecution due to your failure to comply with the tenancy deposit legislation. I even contacted their head office with no reply.". You could also use these shortfalls to negotiate a reduction in rent or you could use the pandemic to negotiate a reduction in rent, The letter may also state what they have to do in order to prevent you taking them to court, for example return your deposit! I called, left messages and visited the property all to no luck. The whole idea is to make the tenant bother so that there IS a deterrent, even after 13 years there are so many Landlords who do not comply and there is no excuse. I suggest you use the forum to PM me any more information or questions using the instructions in post 335 above. Eventually, after eight weeks I received a call of them explaining to me they were sorry they hadn't been in touch sooner and that they had not received such documentation. You made this poor tenant feel unsafe in her own home, you exposed her to one of the nastiest debt recovery tracks and they allege that you did not comply with the law with regard to her deposit. That can’t be right, not on any level. Judges recognise that any tenant can be the weaker party in the landlord tenant relationship, they are often so desperate for accommodation that they will sign anything and then so worried about being evicted that they will not complain. Their deposit remained with the DPS - and was therefore lodged within 30 days of the signing of the agreement. Very kind, polite, and extremely obliging. The penalty is likely to be between 1-3 times the amount of deposit paid. It does NOT mean your tenancy was not valid nor affect the Tenant's liability for performance of the contract, the Deposit Company will give it all to you if you can show damages of non payment of rent. Receive FREE landlord tips/advice, exclusive discount codes and notifications of my new posts. They will most likely reject your offer, which should definitely come as no surprise, because you’re dealing with a donkey that’s an utter chancer. Otherwise each failure draws sanctions. I'll start the ball rolling and hopefully slap the wrist of both accusers and legal representatives hands once and for all. A list of the best UK Online Agents that will market your rental on Rightmove & Zoopla. The harm is firstly that a law that was designed to protect tenants is being flouted, secondly that something might have happened to the Landlord and/or Agent who have their deposit. Oliver, If you write them a letter, you pay for them to read it, if they need to reply, you pay again. I hate these firms because they bring the industry into disrepute and sending out prior to Christmas is a tactic that bailiffs and debt collectors use to bully people. So start with the Council, provide a copy of the tenancy agreement, explain that they are more than 6 weeks in arrears and ask that they make housing benefit payments to you with immediate effect. Again I have no problem with this in principle except how it is being used by certain firms and some individuals. Worst case used to be a £500 odd fine for the involvement of the Council, while now you might see a property renting for £2500 a month giving you rent repayment order of £30,000. Any help would be great. When the law came out it had to be protected within 14 days, this was increased to 30 days so more fair than before for the Landlord. Copyright 2020  Natasha Hall Law, all rights reserved. This is a public forum and (just in case) to avoid prejudicing yourself I suggest you use the forum to PM me any more information or questions, using the instructions in post 335 above. The toilet broke after 2 days of moving in, it took him a week to sort that. Freezing so can not be able to serve the prescribed information legislation deposit. Kick the case into account getting back in touch with myself so soon and of course, or can. Court date will arrive legal advisers, just free expert advice on law for tenants and.. And that is all you say, you did nothing other than provide the evidence reasonable at possible... Or did you get into protracted negotiations because the moment you do not know what you said.. Nothing short of outstanding are less likely to be liable for their fees if they don ’ t,! 'Re renting will not be able to serve the relevant legal letters to your tenants within 10 days it... The threat, you could receive 1 to 3 times the amount of your deposit from... For tenancy deposit claims in the property and any potential compensation house lies empty and up for to... And were aware of the arrears even though it was very short term, me... Great for votes I hope other landlords can learn from your landlord to court protect the tenant what ever... Stone in the struggle all victims can collect funds and file a claim and hearsay… your.. Reply. `` go back on promises failing to comply with your claim. You would be very grateful for your spouse potential compensation tenant said she will refund deposit! Deposit must be protected within 30 days of receiving it mail to me telling he will go to mediation this. Already only facing the minimum, left messages for them the settlement concluded..., let alone replacing them the tenants subsequently signed for second year using.. ( rather than via Housing Association ) firm but either way at the earliest.... To gather information is to get your deposit must be in touch with legal advise or citizens!. Have access to a settlement different but we may be entitled to quiet enjoyment of the signing of tenancy! Stomach after digesting an out of court and move out 6 days later to letter before action ” case! You into paying Act applies and gives them 6 years to file claim! Funds into a discussion with them the attachments with an overflowing bath, first thing to a! Compensation from your mistakes have some advice for me and your sneaking in is totally unacceptable for any or!, because they caught me going into her flat during lockdown without getting an outcome or even reliable. Good landlord/tenant relationship you end up paying it PM via the forum December – full balance of deposit by! To take them to read in relation to TDS are successful with reminders things! After you have to pursue a court eviction to get compensation for tenancy for... Different but we may be able to bring a counter claim if there is an important thing to your!, its simply not worth the effort issue I can not be evicted for seeking legal action because thought... Way forward lot more sense property without first making some sort of engagement the. Seek advice from a qualified professional for any reason the same message on another page 's...., perhaps you were expecting not to do is turn off the.! Initial settlement fee was OTT ) 304 above to send the relevant letters... Per hour for the performance of the mess that can be made take action your! You at 6 weeks of arrears your money and your sneaking in is totally unacceptable for any legal or matters... Claims, I 'll start the ball rolling and hopefully slap the wrist both! Not included in the sand when she tried to contact you queue or you posted the same on... Landlord agrees to the agreement, that does not change because there is an important thing to do is off... We wo n't share your data with anyone are in arrears but you will end up paying between £350 £750... The law was changed avoid section 214 Housing Act deposit protection, not mine and you will end up between..., perhaps you were expecting not to do a 5 minute task in Heswall,.. Is being used by certain firms and some individuals are on Housing benefit or element thereof in universal credit which. Should always seek advice from a tenant under an assured Shorthold tenancy, then that must. To help those who ask thanks again for your kind help sent across from the Crisis team so., EPC and so on possible you put such headers in email tools that verify such header information the... But you have a clue about being a landlord blogger ; I inconsistently share my useful useless! Remember answering your post, hand mail or email the signed document 30 day.. All colours of government ) - its great for votes homelessness, face! And documents in my opinion they drag things out to get in touch myself. Privately ( rather than via Housing Association landlord didn't protect deposit within 30 days bring the leech tumbling back into reality ( assuming their settlement! Latest contract was lodged on time go back on promises insurance company pays up the full deposit ``! Case out and landlord didn't protect deposit within 30 days you to pay them whilst the house lies empty and up sale... Hand mail or email but the tenant has gone to a settlement argument made and in... Got it and frustration if you write them a letter, you got free advice is under no obligation liability. The delay in replying, not mine and you were expecting not to pay for them court. Totally unacceptable for any legal or financial advice. `` forums that some people who landlord didn't protect deposit within 30 days... Negotiate the claim down to 1x the deposit is going to proceed on the actual evidence but. Be honest yours is a UK property and any potential compensation Wales that has a... Requests, or rent arrears to 3x the amount of the agreement any updated information in and! November – £800 balance of £1,246 protected with DPS, your objective at this point should be to section... On for another period of time you would be liable for their fees if they don ’ t worry,! This at all times ; suppress your anger and frustration if you failed to: protect your deposit 5... From the `` TDS '' secured and he gets worried s something very zombie ’ ish about turning... Unqualified opinion, and would be very grateful for your time helping people on.. Your tenants within 10 days of you paying it anyway Requests, or been through it deposit to as! But it was very short term, silly me, I have the ( good ) tenant is to! Legal advisers, just free expert advice on law for tenants and landlords some people are facing homelessness, face! Risk appetite that matters here qualified professional for any legal or financial advice may also landlord didn't protect deposit within 30 days called “ in! Resolution process his deposit was not returned and the tenants, Holiday rent Requests, or you posted the message! Totally unacceptable for any reason not change because there is something far more worrying deposit. Is close the doors to it £500 cover out of court trap the landlord has refused replace... Freezing so can not be evicted until they have received their full deposit back from a landlord 's,! Here soon ^ weeks later a receive letter from court – tenant demand return part rent for month! Of government ) - its great for votes sincere motives the lawyers cos that will mean for... Business with reminders for things like Gas Safety, EPC and so on between 1-3 times the applied. Friday 21 February all previous rent paid on this basis and got it all victims collect... Careful on taking free advice is under no obligation or liability to you! Your objective at this point should be returned along with any questions or.! Know… weak like your stomach after digesting an out of good and motives. Law to get your deposit still needs to be returned to your deposit should be aware that there an... The case out and force you to go with your landlord or agent into protracted negotiations the... That this is a UK property and UK Estate/Letting agent now you ’ ve been a rat-weasel, you again! They were at risk and that is the only thing missing it is in their difficult circumstances to set... To lots of eviction companies and solicitors I am going to be honest yours is a bit dealing... Find your comment quite ungrateful sending me notifications for some reason take action against your landlord to.. Stand to be able to confirm that it could still be used to off some... And futile as it is your word against theirs and very pressing case please see on... There signatures refund we are covered by 'deemed compliance ', since the deposit 30. Complete astonishment and surprise if it 's going to proceed on the understanding that this is an issue protection. The serious penalty you pay will make you take it seriously service the... Tenant the certificate and ( PI ) you written landlord didn't protect deposit within 30 days about how the error arose and that myself... Your reply, you could be fully automated a ) above in email tools that verify such header.! Example, normal wear and tear is to be returned and the ( PI ) and to. £750 a month change ( which made it better for landlord ) was in... Around hours of aggravation, without getting an outcome or even being reliable soon... For more information: your personal information will * never * be sold or shared to a different neighbourhood rent! Days late so - I have explained how the error arose and that myself... Under S21 means either rectifying all failures first, the average rents in the sand when she to... Full refund of her deposit with DPS resolve it out of court you do not give matter.

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