Tenant will not pay deposit

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Tenant will not pay deposit

    When my tenant moved in I agreed that they could pay deposit belatedly as there were a few snagging jobs to attend to,now dealt with.Her partner has lost job apparently and finding it hard to pay rent let alone a deposit too.I have considered several options.I should add she always pay rent and has been in house for a year or so.
    1.Acceot a lower deposit
    2.Take a rental payment as the deposit and inform her she is in arrears of rent payments.
    3.Issue or threaten issue of S21,on grounds of breach of contract
    What do members think and does anyone have some other better solution?
    Thanks

    #2
    Been there a year and now considering what to do?? That's relaxed timescale, even for me!

    Never ( NEVER!! ) let tenant move in, not given signed tenancy agreement and keys, without rent, deposit, all paperwork including references & credit checks.

    s21 requires no grounds - indeed can't have grounds.

    ? Does the tenancy state deposit of £xxxx?? If so you might find judge rules the deposit was paid... (depends on exact wording). And you might then be liable for up-to-3-times-deposit penalty.

    It sounds very possibly a "professional" difficult tenant with a hard-luck story.

    Please, no reference or only a full, honest reference...
    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...

    Comment


      #3
      What on earth is the point of taking a deposit after a year ?

      Comment


        #4
        You don't need to take a deposit (for what it's worth), does the tenancy state the deposit and that you've received it? Before a tenancy starts and you have stated a deposit, you need to have registered the monies with the provider and issued a certificate as well as the T&C's of the deposit.

        You are better off not requesting a deposit and start the process of serving notice before the arrears become even greater. For the next tenancy make sure you receive everything which was agreed to prior to the keys being handed over.

        Comment


          #5
          1 - There's no point taking a deposit now. You should never have let the tenant move in without paying the deposit.
          2 - You can't do that without the tenant's agreement and that would be a daft thing for them to agree to.
          3 - What's the point? You lose a decent rent paying tenant who's managed to pay despite her partner losing their job. They're an asset.

          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).

          Comment


            #6
            Originally posted by theartfullodger View Post
            ? Does the tenancy state deposit of £xxxx?? If so you might find judge rules the deposit was paid... (depends on exact wording). And you might then be liable for up-to-3-times-deposit penalty.
            Yes, if the paperwork says deposit amount and you've let them move in, it will all look very much like they've paid it and you haven't protected it. Might be worth telling them that you're waiving the deposit, and get them to sign something to say that you have all agreed to waive the so-far unpaid deposit. However, I don't know how that would stand up in court.

            Snagging jobs should all be done before you market the property, or if it's things the tenant identifies, before they move in.

            Comment


              #7
              Agree with Beswick, they have been in a year, they are now starting to struggle due to job issues, forget the deposit as they are at least still paying the rent each month, but if the deposit is on the paperwork you need to sort that out now, i would not issue a s21 given you allowed them to move in without paying it and they appear to be trying their best to meet the monthly rental.

              Comment


                #8
                Originally posted by Section20z View Post
                What on earth is the point of taking a deposit after a year ?
                The same motives as when accepted contempraneously-key point is having deposit when they depart.

                Comment


                  #9
                  Beswick,

                  You will pleased to know that tenant has now paid deposit

                  Comment


                    #10
                    Originally posted by jpkeates View Post
                    1 - There's no point taking a deposit now. You should never have let the tenant move in without paying the deposit.
                    2 - You can't do that without the tenant's agreement and that would be a daft thing for them to agree to.
                    3 - What's the point? You lose a decent rent paying tenant who's managed to pay despite her partner losing their job. They're an asset.
                    Why is there no point?

                    Comment


                      #11
                      Because it's much more trouble than it's worth.

                      The tenant can make any attempt to make any deductions almost impossible - the paperwork will look like a deposit protected a year late.

                      The tenants obviously can't afford to pay anything over the rent, but, the their credit are making the rent each month. Why impose a further burden on a decent tenant?

                      The vast majority of deposits are returned in full because no deductions are required. Many landlords don't bother with them at all.
                      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).

                      Comment


                        #12
                        The tenant has now paid deposit,so no burden imposed but a promise fulfilled.Do you have evidence that many landlords do not require deposits-most adverts refer to deposits.Similarly I question your assertion about the vast majority being returned in full-do you have the data?

                        Comment


                          #13
                          Do you have new inventory and photos at same time deposit was paid?

                          If tenant is viewing this (he might well be...) he'll realise his powerful negotiating position
                          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...

                          Comment


                            #14
                            Originally posted by gnvqsos View Post
                            Do you have evidence that many landlords do not require deposits-most adverts refer to deposits
                            Many of the landlords who post on this forum don't take deposits.
                            Similarly I question your assertion about the vast majority being returned in full-do you have the data?
                            Question away. From time to time to deposit protection companies release press releases saying exactly that.

                            My personal experience is that it's about 9 in 10.
                            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).

                            Comment


                              #15
                              100% agree with jpkeates
                              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...

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X