Deposit and withholding keys

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  • DPT57
    replied
    What does the tenancy agreement say the deposit is? If it says a months rent for example it would be easy for the tenant to claim that they paid you one week by bank transfer and the rest in cash. It would be practically impossible for you to dispute this and their penalty claim then goes up to 3x 1 month deposit plus return of deposit. This should not stop you following the advice above but just something to be aware of if the tenant refuses your offer.

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  • Battered landlord
    replied
    I'd never thought of that!

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  • Section20z
    replied
    Originally posted by Battered landlord View Post
    posted 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).
    Scheme has nothing to do with protecting tenants and everything to do with HMRC tracking rents / landlords.

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  • Battered landlord
    replied
    posted 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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  • Battered landlord
    replied
    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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  • MdeB
    replied
    Originally posted by Battered landlord View Post
    Damages to property come to a lot more which I won’t be pursuing beyond the deposit received to date.
    The biggest penalty you can be charged is 3 times the deposit plus return of the deposit, so about 4 weeks rent.

    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:
    1. Read and understand any criticism of my suggestion by other posters.
    2. Take legal advice.

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  • JK0
    replied
    Originally posted by Battered landlord View Post
    I don’t think they’ll sign anything.
    Offer the money in pound notes in a clear plastic bag. Say some nonsense about you need them to confirm receipt, and have the receipt typed up. If they don't want to sign the receipt, they don't get the cash.

    As long as you have the signed receipt, any lawyer will tell them they have no chance.

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  • Battered landlord
    replied
    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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  • Jon66
    replied
    Was it paid in cash?

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  • Kape65
    replied
    If it is a paltry amount then they can't sting you for much! If they wanted to play you then they would have drip-fed the deposit to you over the 12 months. I dread to think how much you would be on the hook for then!

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  • JK0
    replied
    You need to get them to sign receipt 'in full & final settlement of any claims, now or in the future'.

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  • jpkeates
    replied
    Originally posted by Battered landlord View Post
    As the deposit payment was made after the year’s tenancy agreement, should it still have been paid into a scheme?
    Yes it should have been protected.

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  • Battered landlord
    replied
    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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  • DPT57
    replied
    I think you've been played. Expect a deposit penalty claim in the near future.

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  • jpkeates
    replied
    Each time some of the deposit was received you had 30 days to protect it.

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