I did not use tenancy deposit scheme help !

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  • abenson246
    started a topic I did not use tenancy deposit scheme help !

    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 .

  • KTC
    replied
    Originally posted by blinko View Post
    well i fear I may end up in a similar situation the DPS scheme says that if you don't complete an action to set it to go periodic at the end of the fixed term it automatically becomes unprotected and you have to reprotect it again even though there is no new tenancy (original one now periodic).

    ...

    my advice use deposit guard from the RLA cheaper , better and they don't try to catch you out
    I think all 3 insurance scheme do that.... If you want to pay in and forget, use a custodial scheme.

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  • blinko
    replied
    well i fear I may end up in a similar situation the DPS scheme says that if you don't complete an action to set it to go periodic at the end of the fixed term it automatically becomes unprotected and you have to reprotect it again even though there is no new tenancy (original one now periodic). It's a really messed up system they have,

    I complained to them and said that it should track the legal framework and the deposit based scheme where if no action is taken a fixed tenancy autmatically becomes periodic , all they could come up with is that is how the system works, no more questions, lucky they are able to get away with these things

    my advice use deposit guard from the RLA cheaper , better and they don't try to catch you out

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  • abenson246
    replied
    okay we have agreed a figure, what legal terms do i need to include on my letter of acceptance so that is the final figure and they cant come after me or any more costs or damages? Is there somewhere i can get a template letter?

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  • alice123
    replied
    it may make you feel slightly better if only a little to learn that the tenant will receive very little of the money from the claim as most will go to the no win no fee solicitor

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  • islandgirl
    replied
    The question is: If a settlement figure is agreed between the parties what is the timescale within which the former LL would have to pay the money to the former tenant? Immediately? 4 weeks? 6 months?

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  • mariner
    replied
    Originally posted by abenson246 View Post
    I question i need help with now is if a settle for what they want how long would i have to pay it ?
    What does that mean in English?

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  • DPT57
    replied
    I wouldn't let it go to court as the legal costs will make your eyes water

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  • jpkeates
    replied
    Originally posted by abenson246 View Post
    I question i need help with now is if a settle for what they want how long would i have to pay it ?
    That's part of the agreement you need to make, there's no rules about that.

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  • abenson246
    replied
    I question i need help with now is if a settle for what they want how long would i have to pay it ?

    Leave a comment:


  • alice123
    replied
    i know of a landlord who has over 100 properties and NEVER takes a tenacny deposit simply because of this

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  • Jon66
    replied
    It would be easier if landlords took the time and trouble to learn the law and offer a professional businesslike service!

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  • craig2222
    replied
    Would it be easier not to take any deposit from tenant ?

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  • abenson246
    replied
    Yep i wish i had just looked it up and done it but just trying limit
    the damages now

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  • alice123
    replied
    I do feel for you - i had a similar letter a while ago and it made me very ill - i fought it via a solicitor and the case was dropped as everything was done correctly i have now sold the house - please let us know how you get on - and good luck as infortunatley there are people out there who just want to make money off us through no win no fee solicitors

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