deposit not secured

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    deposit not secured

    I have a property which has had the same tenant since 2008. At the time he paid the deposit but it hasn’t been registered or secured.

    All this time later, im wondering whether to return the deposit, so no deposit was ever taken, or let sleeping dogs lie.

    There has been no dispute its just my conscience

    I know I would have issues with a S21 if I needed it but if I return the deposit now, will that make any difference.


    #2
    Have there been any subsequent tenancy agreements or did the tenancy simply go periodic?
    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


      #3
      Originally posted by jpkeates View Post
      Have there been any subsequent tenancy agreements or did the tenancy simply go periodic?
      Its just rolled on, no new agreement no increase in rent etc

      Comment


        #4
        You can't serve a valid s21 notice without returning the deposit first.
        But unless you plan to serve one, I don't see any particular benefit in returning it early.

        You'd normally be liable for a penalty for not protecting it, but, the prevailing theory is that this would have timed out after 6 years.
        There's a possibility that the clock starts when the tenant becomes aware of the issue, but there's nothing to suggest that that's the case in real life.

        I'd be remarkably forgiving about any claims on it and just give it back at the end of the tenancy.
        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


          #5
          Originally posted by jpkeates View Post
          You can't serve a valid s21 notice without returning the deposit first.
          But unless you plan to serve one, I don't see any particular benefit in returning it early.

          You'd normally be liable for a penalty for not protecting it, but, the prevailing theory is that this would have timed out after 6 years.
          There's a possibility that the clock starts when the tenant becomes aware of the issue, but there's nothing to suggest that that's the case in real life.

          I'd be remarkably forgiving about any claims on it and just give it back at the end of the tenancy.
          Thanks. The part about "prevailing theory is that this would have timed out after 6 years" is that documented anywhere. My plan was to give it back anyway at the end. It never goes that far anyway.

          Comment


            #6
            Originally posted by fmST1 View Post
            The part about "prevailing theory is that this would have timed out after 6 years" is that documented anywhere. .
            https://landlordlawblog.co.uk/2020/0...ected-deposit/

            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

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