I’ve been a bit naive. I had a short hold tenancy agreement with tenants signed 18 months ago for a year. They have just moved out. I only recently obtained a small portion of the deposit (initially was asked if I could give them a bit of a grace period to get depot together). They promised to pay a bit of the deposit monthly but in the meantime gave notice and refused to pay the remainder. I was waiting until the deposit was paid in full before putting it into a protected scheme. I’ve since been told I should have paid in the small portion. Is this the case if it was outside the one year tenancy agreement?
Deposit and withholding keys
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I’ve definitely been played. I received only a single part payment several months after the year tenancy agreement was up. I am livid as I bent over backwards to accommodate ridiculous demands at significant cost to myself before I said “no” to further unnecessary work requests. Clearly, allowing a grace period was a mistake too as they were affronted when I re-requested the deposit. As the deposit payment was made after the year’s tenancy agreement, should it still have been paid into a scheme? The paltry amount received does not cover the damage anyway - I’d be happy to write the additional costs off just to move on, but I’m worried that instead of being grateful, they’ll take the piss again by suing at a later date.
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Originally posted by Battered landlord View PostAs the deposit payment was made after the year’s tenancy agreement, should it still have been paid into a scheme?
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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No it wasn’t paid in cash and amounts to about a week’s rent. Damages to property come to a lot more which I won’t be pursuing beyond the deposit received to date. My concern is that even if I give them back the deposit and further cut my losses I’ll get sued anyway. I don’t think they’ll sign anything. I feel like I’m going mad as stuff they are saying now (in writing) is totally opposite to stuff they have previously said (also in writing). The most bizarre and blatant lies are coming in waves of texts.
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Originally posted by Battered landlord View PostI don’t think they’ll sign anything.
As long as you have the signed receipt, any lawyer will tell them they have no chance.
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Originally posted by Battered landlord View PostDamages to property come to a lot more which I won’t be pursuing beyond the deposit received to date.
Identify what you are reasonably due for the damage and if that exceeds the above amount, then write to them identifying your claim and stating something long the lines of "This is offset by the deposit I have taken and any monies I might lawfully owe you; I will not be pursuing you for further money".
If it is less than 4 weeks rent, then you may want to return part or all of the deposit, and include your claim and a similar statement to the above.
BEFORE you do that:- Read and understand any criticism of my suggestion by other posters.
- Take legal advice.
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Thanks. Do you think I should give a deadline for when they need to accept the offer? I want to stop the incessant random and spurious claims which I keep having to refute and dig out evidence for. I wish I'd known about protecting partial deposits - schoolboy error - have always used a managing agent before, so knew about protection, just didn't know about protecting partial amounts (no excuse I know, and .
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Originally posted by Battered landlord View Postposted too soon.... I understand it's there to protect tenants, but it's also v easy for tenants to exploit, and there is no leeway for landlords if it's protected slightly late).
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