I did not use tenancy deposit scheme help !

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    I did not use tenancy deposit scheme help !

    I am a novice landlord and i took over the tenancy from the agent and they gave me the deposit . Tenets moved out and i deducted £160 from there £600 deposit for repairs . Then got a letter from a solicitor demanding 6x the deposit ! After looking in to it i now see i was in the wrong but from what i have read it is maximum of 3x the deposit ,they are say because they renewed the tenancy for a second year that it is two breaches so they can ask for 6x is this right ?
    Have offered them x1,5 of the deposit to try and stop it going to court but feel the solicitor is trying to get to court .
    Any help would bee great .

    #2
    It won't be much comfort, but the solicitor is almost certainly does not want it to go to court, but rather to get as much out of you as they an without doing so. They are certainly not going to accept less than three times, and my guess is that they would go for four times, plus costs, out fo court.

    Comment


      #3
      Joining NLA/RLA for some LL training would have been cheaper.
      How did you renew their Tenancy? Details matter.

      Comment


        #4
        When i renewed it i just sent them a paper copy to sign ,there was a £40 increase in rent but i did not increases the deposit . thanks for helping out .

        Comment


          #5
          Hi
          I would try and settle out of court, make a offer and see what and negotiate.

          Comment


            #6
            Had the agent protected the deposit and given the tenant the required PI within 30 days?

            If not then there are indeed 2 breaches, one when the agent didn't protect it correctly, and one when you renewed and didn't protect it correctly.
            The agent was contracted/employed by you and so you would be ultimately responsible for both.
            (You could later sue the agent for not doing the job properly).

            Up to 3x penalty could be imposed for each breach.

            Keep negotiating, it's cheaper than going to court.
            I'm guessing the tenant may settle at 3x, even if the soilictor advises them that they might get more.

            If it does get to court the fact that you have already returned the deposit (less what sounds a reaonable deduction, can you show it was reasonable?) should go in your favour and I wouldn't expect the court to award the maximum possible penalty.

            Comment


              #7
              The OP did make an offer, but it was far too low. 1 times would be the likely penalty if the deposit was protected but either slightly late, or the paperwork wasn't done properly. 1.5 is rather close to that figure.

              In this case there are two offences where the the deposit was never protected.

              On the other hand, the solicitor will accept less than the courts would aware, as they don't want the trouble of actually going to court.

              Comment


                #8
                I think the first offence was that the deposit was unprotected by the agent on the handover, so effectively returned to the tenant and then paid to the OP.

                Comment


                  #9
                  It's not clear yet whether the deposit was or wasn't correctly protected by the agent at the start of the tenancy, the OP needs to clarify that.

                  Comment


                    #10
                    The first tenancy was done by a agent and they the deposit .They gave a shocking service so at the end of it I took it on myself and the tenants gave me there deposit.
                    They where there for another 2 years so renewed it once more with my self,at which point i increased the rent but not the deposit.

                    So is 2 breaches?
                    Any idea what the cost would be and whats the judge likely to award the full x6 ?
                    I have offered them x1.5 all ready which they have turned down .
                    Could the judge just see it as a money making scheme and see them for what they relay are ?
                    If not what do you hinthincki should offer ?
                    Many thanks

                    Comment


                      #11
                      I would up the offer to 2.5x on the basis that its not yet clear that a penalty is always payable for renewals of the same tenancy. However, you may well end up having to offer more. Dont allow it to go to court or the costs will become astronomical

                      Comment


                        #12
                        Originally posted by abenson246 View Post
                        The first tenancy ...
                        Am I correct that the sequence was as follows?
                        1. Let through agent; agent protected deposit.
                        2. End of tenancy
                          1. you issued a new tenancy agreement.
                          2. Agent passed deposit to you.
                          3. You did not protect deposit.
                        3. Year later, you issued a new tenancy agreement; still did not protect deposit
                        4. No other tenancies created at any time, either fixed term or statutory periodic.

                        Comment


                          #13
                          Originally posted by leaseholder64 View Post
                          I think the first offence was that the deposit was unprotected by the agent on the handover, so effectively returned to the tenant and then paid to the OP.
                          For the purpose of what we are talking about, the agent and the landlord are one and the same. The landlord is not receiving the deposit a second time by the agent transferring a sum of money to the landlord equals to the amount of the deposit paid by the tenant.

                          Originally posted by abenson246 View Post
                          The first tenancy was done by a agent and they the deposit .
                          You still haven't answer the question whether the deposit was protected correctly and prescribed information given in time by the agent.

                          When was the renewal? Was that at the point you took over, including getting the deposit from the agent?
                          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.

                          I do not answer questions through private messages which should be posted publicly on the forum.

                          Comment


                            #14
                            I don't think x 6 is right, maximum x 3.

                            If you did not charge the tenant for additional deposit (on top of the £600 you received), then there can only be one tenancy involving the deposit regardless of whether you renewed the contract or not.

                            In any case, the first thing I would do now is to protect the deposit!!!

                            Comment


                              #15
                              Two tenancies, so x 6 maximum. And it's too late to protect the deposit as the tenancy has come to an end. Read the original post.

                              Comment

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