deposit dispute

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

    deposit dispute

    Can someone please help me. A prospective tenant signed a ash tenancy agreement (privately) on the 24/8/09 on the 31/8/09 she advised me she wasn't moving in she had paid me £950 rent and deposit she advised me to keep the rent but wanted the deposit back ( it wasn't protected I hadn't got round to it with moving and had another 7 days to do so). I advised her it would all depend how quickly I got a new tenant. Therefore I put the house in the hands of a letting agent, a new tenant moved in on the 9/10/09 but I have obviously incurred the the fee from the letting agent and also had to purchase new curtain poles etc as she asked them to be left for her, she is still wanting her deposit back. Can someone please advise where I stand thanks.........

    #2
    Originally posted by crud67 View Post
    A prospective tenant signed a ash tenancy agreement
    Do you mean Assured Shorthold Tenancy agreement?

    If so, the deposit should have been protected* and tenant given deposit scheme info. within 14 days of LL receiving the deposit.

    Return the deposit to the tenant and keep proof of this, in case there is any dispute.

    Also, any rent that you have taken, that is not used as rent, may be seen (by a court) as a deposit.

    * Assumes AST in E&W and annual rent < £25k.
    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

    Comment


      #3
      Thanks for the quick response. Yeah I meant assured shorthold tenancy. So even though she didn't move in the deposit should still have been protected? If so why should receive all of it back? as it would run from 24th to 24th and they didn't move in until the 9th?????

      thanks

      Comment


        #4
        Originally posted by crud67 View Post
        So even though she didn't move in the deposit should still have been protected?
        T does not have to be resident for a tenancy to have been created.

        Originally posted by crud67 View Post
        If so why should receive all of it back?
        Because it's the T's. LL has to prove deductions are required.

        Please learn the basics of landlording. Join a landlord's association; they have good courses. If you can't find the time to do this, maybe landlording is not for you - if not for yourself then at least for the sake of your tenant's.
        The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

        Comment


          #5
          Originally posted by tom999 View Post
          T does not have to be resident for a tenancy to have been created.
          But it's not an AST unless T uses premises as only/main home; and, if it's not an AST, Deposit Protection does not apply.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Agreed, as T has not moved in.

            But deposit still needs to be returned.
            The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

            Comment


              #7
              Isn't that a bit or a contradiction??

              Comment


                #8
                Originally posted by jeffrey View Post
                But it's not an AST unless T uses premises as only/main home; and, if it's not an AST, Deposit Protection does not apply.
                Could it be argued that the deposit was intended to be held/taken in connection with an AST? (Just playing devil's advocate).

                S.212 (8) HA 2004
                “tenancy deposit”, in relation to a shorthold tenancy, means any money intended to be held (by the landlord or otherwise) as security for—
                (a)the performance of any obligations of the tenant, or
                (b)the discharge of any liability of his,
                arising under or in connection with the tenancy.

                Comment


                  #9
                  in relation to a shorthold tenancy: what could this mean if no tenancy ever exists?
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                    #10
                    Originally posted by jeffrey View Post
                    in relation to a shorthold tenancy: what could this mean if no tenancy ever exists?
                    Well, the deposit was intended to held in connection with the AST as per HA definition. Don't get me wrong, I'm of the same opinion as you - no AST/no protection - but this debate has come up in past threads and there's someone (can't remember who) who always argues this point. There was one where the would-be T had paid the deposit and the TA hadn't even been signed when the T pulled out. A lot of deposits are handed over before the TA is signed and the HA does say the money must be protected within 14 days of this event - of course, there's nothing in the legislation about what happens if T doesn't go on to sign TA or signs but doesn't move in...

                    I've never seen any reported cases where a s.214 claim has been made in these circumstances and I doubt any such claim would succeed.

                    Comment

                    Latest Activity

                    Collapse

                    • Reply to Part furnished
                      by Chester Perry
                      I posted elsewhere on here and feedback was a mix of its not worth it as nothing will happen (plus police will treat as a tenancy issue) and its worth doing to get a crime number.

                      Not going to claim on insurance given excess etc. The fridge freezers value second hand / age considered probably...
                      18-09-2020, 14:22 PM
                    • Part furnished
                      by Chester Perry
                      Our property was let part furnished however upon leaving the Ex. tenant took it upon himself to relieve us of the white goods and wooden blinds.

                      The dishwasher, washing machine, 2 x fridge freezers and wooden blinds throughout were actually ones purchased when the property was our main...
                      18-09-2020, 13:34 PM
                    • Reply to Landlord refuses to sign inventory
                      by jpkeates
                      A 15 year old washing machine has almost zero value (and will have less when you move out).
                      The landlord can only legitimately claim for their loss if you bin it.

                      A mid range washing machine is about £350 (and they haven't changed much in price recently), and imagining one would...
                      18-09-2020, 14:14 PM
                    • Landlord refuses to sign inventory
                      by Bumblebee3000
                      We've recently rented a house that from the very start seemed badly taken care of - there were various problems like a mouldy washing machine/curtains, broken curtain rails, etc. When we arrived to meet the inventory clerk, we signed a 2-page document of handwritten inventory notes (we broadly agreed...
                      17-09-2020, 20:13 PM
                    • Reply to Part furnished
                      by theartfullodger
                      Trust you've reported the thefts to police
                      18-09-2020, 14:07 PM
                    • Reply to Landlord refuses to sign inventory
                      by Bumblebee3000
                      This is very helpful, MdeB, thank you. I will try to relax about the inventory now. In regards to the mould - the landlord has a letter from the curtain cleaning company stating that the mould has been "killed" during the cleaning. I actually spoke with the curtain cleaner when he was here...
                      18-09-2020, 14:07 PM
                    • Reply to Deposit Negotitations with Landlord
                      by jpkeates
                      The process seems to have changed recently.
                      The landlord claims from the deposit and that claim should have a summary of what they are claiming and why.
                      You dispute that and then you both have one chance to explain your side of the story.
                      But you do that with only access to what the...
                      18-09-2020, 13:57 PM
                    • Deposit Negotitations with Landlord
                      by Maymiss
                      I am moving out of my rented home shortly, i have caused some damage which I notified the landlord of when it happened and they have recently visited to discuss the cost of repairs, which we have agreed. The landlord is now asking that I pay this money to them directly. It is not possible for the work...
                      03-08-2020, 11:47 AM
                    • Reply to Section 21 issued with new tenancy
                      by jpkeates
                      Every notice escalated to court is recorded and the figures published quarterly, so breaking out the s21 notices from the s8 shouldn't be complicated.

                      Two of the links are to House of Commons research papers, to be fair!...
                      18-09-2020, 13:51 PM
                    • Section 21 issued with new tenancy
                      by fmST1
                      When a new tenant moves into a property, I get them to sign a section 21 so that if whatever reason things don’t work out, the necessary paperwork is already in place.
                      I’ve never had a need to exercise this yet, but would it work?...
                      11-09-2020, 08:43 AM
                    Working...
                    X