Former tenant claiming for unprotected deposit after i returned full amount

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    #16
    Originally posted by KTC View Post
    ...................The +1 is unnecessary.
    aiui, Only matters if they reject that offer & court awards no more than: we don't know what the court would award (funny animals, judges...)

    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #17
      Originally posted by theartfullodger View Post
      aiui, Only matters if they reject that offer & court awards no more than: we don't know what the court would award (funny animals, judges...)
      For a defendant Part 36 offer, the claimant are required to obtain a more advantageous judgment than the offer for it not to be considered when deciding cost. So if the landlord offer 2x, and the judge also order 2x, then Part 36 penalties apply to the tenant since it would have failed to beat the offer.

      For a claimant Part 36 offer, the claimant only need to meet the offer. So here like with the OP, the tenant have offered 2x, and if the judge also order 2x, the Part 36 penalties apply.

      Non Part 36 settlement offers have no formal rules, but similar consideration would apply.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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        #18
        Out of interest, what incentive is there for the ex-tenant to cut a deal unless the deal is more than they could conceivably get awarded by judge?

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          #19
          Convenience and certainty.

          It costs a few hundred quid to make a claim in advance (which they would probably get back) and people find courts and legal paperwork stressful.
          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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            #20
            Originally posted by KTC View Post

            For a defendant Part 36 offer, the claimant are required to obtain a more advantageous judgment than the offer for it not to be considered when deciding cost. So if the landlord offer 2x, and the judge also order 2x, then Part 36 penalties apply to the tenant since it would have failed to beat the offer.

            For a claimant Part 36 offer, the claimant only need to meet the offer. So here like with the OP, the tenant have offered 2x, and if the judge also order 2x, the Part 36 penalties apply.

            Non Part 36 settlement offers have no formal rules, but similar consideration would apply.
            Does it mean better to offer them 2X instead paying them 4X?

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              #21
              They are asking for 2x, they are asking for that amount twice, once for the March 2016 tenancy, and again for the March 2017 periodic tenancy.
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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                #22
                Failing to protect your tenants' deposit and is your own fault, as is deciding to renew a tenancy with a tenant who provided fake documents. I would ensure that you are much more careful in future.

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                  #23
                  Can i claim this expenses from insurance?

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                    #24
                    Originally posted by pkrish View Post
                    Can i claim this expenses from insurance?
                    Doubt it very much but, more to the point, I and other members here can't read the terms of YOUR insurance (different policies have different conditions..): Sorry about that. Suggest you read your insurance details and then let us know the answer.

                    (No offence..) but afaik most insurance policies don't protect policyholders from the consequences of the policyholder flouting the law. If you find such a policy that does, a lot of large, aggressive, people would love to know...
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                      #25
                      You may be able to claim the legal costs from your insurance depending on what you have taken out.

                      However you cannot claim penalty or settlement from insurance.

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                        #26
                        Cant see an insurance company paying legal fees to someone who has broke the law? Do you really want your insurance company to know you have done this?

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