Deposit incorrectly handled

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  • jpkeates
    replied
    Hey, the reason we all know stuff is mostly because we've all been there.

    It's good if it only happens once!

    Leave a comment:


  • mallouk
    replied
    Hey guys, thanks everyone for writing. I had no intention of breaking the law, I guess it was just my lack of experience (and awareness of the consequences) that allowed me to make this mistake.

    I've agreed with my tenant to return the deposit and sign a new tenancy agreement. He will send me the deposit back (hopefully), and it will all be handled properly this time.

    If the worst happens that'll be a lesson taught the hard way, but I'll really not worry about it until it does. And if it does, I'll just have to bite the bullet and walk a few steps backwards on that property.

    It's not the first time something bad happens.... I'm sure everyone here has a lot of stories to tell, I'm growing a list of them with 3 properties now. (This is the only one where I'm to blame though...)

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  • tatemono
    replied
    Originally posted by Kammy View Post
    something of this magnitude
    This event has no magnitude for anyone. There were no losses.

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  • Hooper
    replied
    I can't think of any situation in which the tenant makes a genuine technical (if naive) error, attempts to put it right and costs nobody anything yet becomes liable to the landlord for an additional 4.5 months rent (based on deposit of 1.5x monthly rent).

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  • theartfullodger
    replied
    Not necessarily, not all. Some posters hereabouts are not landlords (agents, tenants, advisers, solicitors....). Not ALL landlords would certainly react as you assert.

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  • Kammy
    replied
    Originally posted by DPT57 View Post
    Whats it like living with fhat level of bitterness Kammy?
    Not bitter.


    ​​​​If a tenant did something of this magnitude all of you lot would be throwing up S21's in no time.

    Leave a comment:


  • theartfullodger
    replied
    It's so wonderful all landlords hereabouts are always prudent, law-abiding & adult

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  • tatemono
    replied
    Must be hard. But it's made me want to exercise caution if someone with a child under the age of one and a desire to decorate applies to rent one of my properties!

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  • DPT57
    replied
    Whats it like living with fhat level of bitterness Kammy?

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  • Kammy
    replied
    Funny seeing Landlords **** ups and doing anything not to pay......if it was the tenant on the other hand lol.

    Wish the tenant reads this and sues you then moves on because of your little sneaky way of covering up your inability to fulfil your legal requirements as a Landlord.

    Leave a comment:


  • tatemono
    replied
    Originally posted by security2 View Post
    tell the tenants that there are new regulations...
    er, but there aren't, and that might not look good if it does end up in court.

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  • Raiden328i
    replied
    I know with one of my current tenants he'd been in the property over a year and then I realized about the protection. I just made sure I was extra nice to him and when it came to renewal time I was upfront and said look there's all these rules and regulations so here is someone paper work for you to keep and sign and print here to say you received them. He wasn't bothered and I said its for his protection. If you think your T is a reasonable person might be worth being upfront with them? I think JP is right

    Leave a comment:


  • mariner
    replied
    T can sue for unprotected deposit for 6 years from date it should have been protected. Ts now have an SPT, you cannot 'force' them to sign a new AST against their Will, & they could claim for non-protection for both original AST & SPT, but with luck Judge may only award 1 Penalty of 3x deposit.

    Leave a comment:


  • theartfullodger
    replied
    Tenants may be viewing this thread....

    Leave a comment:


  • security2
    replied
    Originally posted by jpkeates View Post
    I'd be tempted to protect the deposit against the new tenancy and give the tenant the prescribed information.
    Giving the tenant the deposit back is a sure fire way of alerting them to the problem.
    Do this. Start a new tenancy, tell the tenants that there are new regulations and you need to serve them all the required paperwork. Return the deposit and recollect it again from them. Do it all correctly this time.

    And as said, pray that the tenants don't come across any newspaper articles or suchlike alerting then that they may have a claim for the old tenancy...

    Leave a comment:

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