Deposit dispute

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    Deposit dispute

    My tenant that abandoned the property a few weeks ago has come out the woodwork via text message. Haven't spoken to the agent yet but he wants the deposit back that they are holding (find only service)

    I said on the 5th of March to the agent I can't get hold of him so I want the deposit as he is 2 months in arrears and they said they would start the process and it takes a month to make a claim.

    On the 6th of Feb I have a letter from his work saying they didn't pay him as they should of and on the 23rd when they do he will then pay me the 1 months arrears. He didn't and on the 23rd he left the key in the door broken and left most of his stuff behind. Landlord action who I paid a few days before to serve him notice said what until March 1st as he will then be 2 months behind and it's all legal then but try your best to get hold of him before you chuck his stuff away and put it on the market. I found him at his Aunt's house his old address and said I have no money and he would collect his stuff the next day and that was Feb 26th

    5th of March no sign of him and not answering so landlord action said to cover myself tell him by text and email you have 24 hours to collect your furniture otherwise its getting chucked. No answer so it got chucked on the 10th of March.

    Today I got messages saying he wants all his deposit back and wants me to agree to that otherwise he is going to the police and his aunt (he is in Romania) that I threatened to beat him up and I dumped a load of his stuff on her lawn etc. All untrue

    With his lies is this going to make it difficult me wanting to claim the deposit? Its £1000 and he owes in rent £1395. I was going to send the agent the letter from his work about paying me and an email he sent me at the end of Feb saying he can't afford the property anymore.

    #2
    Never let agents hold/protect deposits. Next time use an insured scheme so YOU hold the deposit. Take a look at depositprotection.com.

    If he is in Romania how is he going to the police here?

    Keep the texts to show the deposit holder and for evidence.

    What does it say in his agreement about goods left at the premises? There will be something written but you need to end his tenancy as strictly he has one. Ideally he needs to sign a Deed of Surrender or you get a Section 8 via the courts. If Landlord Action is acting for you they can do this - so why are you asking us?



    Freedom at the point of zero............

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      #3
      Landlord action I only paid for them to serve notice. Now that he done a bunk its then court proceedings which is an additional cost and they said the risk is low so don't bother as it sounds like you will never see him again. Then I got messages from him today kicking off saying he wants to do a deal for half his deposit back. Didn't know where I stood as i'm told it's a strange situation. Keys left in the front door and him not saying he is surrendering. Didn't really want to payout over £300 just to send papers to court

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        #4
        Go down the route of the deposit holder and stake your claim. They will try to contact him and eventually you may get some response. If he is not here in the UK does it seems unlikely he will attempt to gain entry to the property - 'keys in the door' is appalling.

        Text and say you will hold his stuff for 28 days and then dump it.

        Sort agree with Landlord Action - I'd go for re-letting it - maybe someone not so complicated - you choose, not the agent.



        Freedom at the point of zero............

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          #5
          Had an email from the agent today. Tenant is agreeing to give me £695 from the £1042.50 deposit that is with DPS and they have said if I want to dispute this I can and it takes 4 weeks. If I did and I lost will he get all the money back

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            #6
            There doesn't seem any actual dispute, the tenant is trying to do a deal.
            All a formal dispute will do is slow down the funds being made available.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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