T paid deposit in instalments: when should L protect it?

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    T paid deposit in instalments: when should L protect it?

    I have a tenant who I agreed with that she could pay the deposit over a few months.

    Am I right to not protect the deposit until the full deposit has been paid?

    I just fear that if I do protect the deposit the tenant not paying me in full and then leaving and trying to claim the full deposit back?

    Thoughts please.

    #2
    You are obliged to protect whatever deposit you receive. Do it asap.
    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


      #3
      Originally posted by oilcan View Post
      I have a tenant who I agreed with that she could pay the deposit over a few months.

      Am I right to not protect the deposit until the full deposit has been paid?

      I just fear that if I do protect the deposit the tenant not paying me in full and then leaving and trying to claim the full deposit back?

      Thoughts please.
      You are obliged to protect any money received as deposit and provide T with the prescribed information (keep proof of postage), so do this immediately.

      If you later receive more money as deposit, then repeat procedure.

      Always a bad idea not to get the deposit paid in full, in advance; there are frequently stories on here of tenants who promise to pay in installments then don't - because after they move in there's nothing to force them to pay the remainder.

      The T cannot claim back more money than he has paid as deposit, so don't worry.

      Comment


        #4
        Originally posted by westminster View Post
        The T cannot claim back more money than he has paid as deposit, so don't worry.
        Yes, he can: three times as much as deposit.
        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


          #5
          Originally posted by jeffrey View Post
          Yes, he can: three times as much as deposit.
          Yes, but that relates to claims for non-compliance with deposit protection, not what oilcan said he was worried about, which is T falsely claiming he had paid the 'full' deposit and trying to get back more than he'd paid.

          Comment


            #6
            Originally posted by westminster View Post
            Yes, but that relates to claims for non-compliance with deposit protection, not what oilcan said he was worried about, which is T falsely claiming he had paid the 'full' deposit and trying to get back more than he'd paid.
            OK- I agree with that. Nevertheless, non-protection of part is still non-protection (so it has the full s.214 problem hanging over it).
            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


              #7
              If a deposit is agreed at £600 and 3 x £200 are paid but LL only protects (say) 2 installments of £400 total, what does the 3x relate to - the deposit value or the amount not protected?

              Comment


                #8
                Originally posted by Snorkerz View Post
                If a deposit is agreed at £600 and 3 x £200 are paid but LL only protects (say) 2 installments of £400 total, what does the 3x relate to - the deposit value or the amount not protected?
                The unprotected amount, I'd imagine. I seem to recall a claim where the LL had returned some but not all of the deposit and the award was for return of the balance + 3x the balance.

                Comment


                  #9
                  @ oilcan,
                  I was in the sameboat as you, protect however much of the deposit you have received asap! I registered each installment seperately with the TDS with the actual date it was received.

                  Comment


                    #10
                    Am I alone in thinking that "tenancy deposit by instalments" is a bit of a contradiction in terms?

                    Comment


                      #11
                      Originally posted by Lawcruncher View Post
                      Am I alone in thinking that "tenancy deposit by instalments" is a bit of a contradiction in terms?
                      If you were - your not now. I wont be doing that again ever!

                      Comment

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