please help! i'm not sure of my rights?

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    please help! i'm not sure of my rights?

    my previous tennants have just moved out after i served them a notice to quit (due to them falling into rent arrears) they still owe me money so i am thinking of taking them to court. i kept part of the bond for damages and they said i could keep the rest to help with the arrears. the problem is i never put the bond in a DPS. also our 6 month shorthold tennancy expired a long time ago so i dont know what tennancy they were on if that affects anything?
    will i still be able to make a claim for rent arrears even though i did not protect the bond? its my first time renting and i just didn't think! ???
    thanks

    #2
    I think you may have got away with it as the tenants were reasonable and not insistent in enforcing their rights by taking you to court! I hope that you have their agreement for you to retain their deposit against damages and unpaid rent in writing and if so, you could consider small claims court action to recover th rest of your rent owed. However, if they can't afford to pay your rent then it is unlikely that they will be able to afford to pay their debt to you which may be established in the small claims court except on a very slow gradual basis. If I were you I would be inclined to write it off to experience and make sure the tenant's deposit is protected next time.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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      #3
      Originally posted by newby1 View Post
      my previous tennants have just moved out after i served them a notice to quit (due to them falling into rent arrears) they still owe me money so i am thinking of taking them to court. i kept part of the bond for damages and they said i could keep the rest to help with the arrears. the problem is i never put the bond in a DPS. also our 6 month shorthold tennancy expired a long time ago so i dont know what tennancy they were on if that affects anything?
      will i still be able to make a claim for rent arrears even though i did not protect the bond? its my first time renting and i just didn't think! ???
      thanks
      Did the tenancy agreement come into effect before 6/4/2007? If so, there was no requirement for the deposit to be protected.

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        #4
        no it was after 2007. could they still put a claim in if they wanted to against me for the deposit? or are they only able to do that before they move out?

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          #5
          Originally posted by newby1 View Post
          no it was after 2007. could they still put a claim in if they wanted to against me for the deposit? or are they only able to do that before they move out?
          Yes, they can claim the 3x penalty even after the tenancy has finished.

          I know this isn't what you want to hear, but I suggest you return the deposit in full (thus preventing a claim) and then sue for rent and damages via http://www.moneyclaim.gov.uk

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