Rent increase/Deposit

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    Rent increase/Deposit

    i have been renting out a flat in Manchester and the tenants are due to leave on the 1st of December, i did not protect their deposit i am fully planning on returning the deposit unless if anything is broken, what is the best way to return is so that i have proof that i gave it back to them, also if i make deduction from it what is best way to list them?

    the ast ends on the 1st December can i increase rent if they don’t leave? The rent is way below what other in the area are charging? I know i can’t use s21 until i have paid the deposit back or if i protected it. If i make fair deductions from the deposit and then return the rest can i still be done for x3 thing?


    thanks

    will

    #2
    You should protect the deposit, if you think you may need to make deductions, protect it now to cover yourself, infact regardless, protect it.
    [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

    Comment


      #3
      Originally posted by disco View Post
      what is the best way to return is so that i have proof that i gave it back to them,
      Cheque.

      Originally posted by disco View Post

      the ast ends on the 1st December can i increase rent if they don’t leave?
      Yes.

      Originally posted by disco View Post

      The rent is way below what other in the area are charging?
      I'm not sure.

      Originally posted by disco View Post
      I know i can’t use s21 until i have paid the deposit back or if i protected it. If i make fair deductions from the deposit and then return the rest can i still be done for x3 thing?
      Currently, no.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        The onus of proving that deductions are fair rests on L. Deducting against an unprotected but protectable deposit is risky.
        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 disco View Post
          what is the best way to return is so that i have proof that i gave it back to them
          As above, Cheque, but sent to the forwarding address they have given you (so you know where they are if you need to take further action later...)
          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


            #6
            ok thanks, my tenants are from romania and may not like a cheque , i am going to ask them to see what they think , if they say no i think i am going to windraw the money from my bank account on that day have a witness with me when i give them the money and get them to sign a receipt , would that be ok ? or if i insist on cheque wot if they say they are not going to leave untill i give the money back?

            Comment


              #7
              Any particular reason why you are not willing to protect the deposit even though you know you should have?

              Comment


                #8
                Originally posted by disco View Post
                If i make fair deductions from the deposit and then return the rest can i still be done for x3 thing?
                Yes. Any money withheld still forms part of the deposit so you would arguably be holding a deposit. The only sure way to avoid the 3x sanction is to protect the deposit before the tenancy ends.

                Has the T given notice because if not you should not assume they intend to leave when the fixed term expires. Also, you say it ends on 1st December, so I take it the fixed term began on the 2nd of the month (assuming the term was expressed in months)?

                Comment


                  #9
                  Originally posted by westminster View Post
                  Yes. Any money withheld still forms part of the deposit so you would arguably be holding a deposit. The only sure way to avoid the 3x sanction is to protect the deposit before the tenancy ends.

                  If they are going to leave i rather give all the money back to her, will my idea of giving in cash & having a witness be ok? Or shall i insist on cheque.
                  If i pay back all the money can i still be done for x3?

                  Originally posted by westminster View Post
                  Has the T given notice because if not you should not assume they intend to leave when the fixed term expires. Also, you say it ends on 1st December, so I take it the fixed term began on the 2nd of the month (assuming the term was expressed in months)?
                  no it started on the 1st of the month , the last time i spoke to them they said will leave by 1st.

                  If they don't leave i will protect the deposit , also can i increase the rent on 2nd or do i need to give them some sort of notice?


                  Thanks

                  Comment


                    #10
                    I still dont see why you dont just protect it anyway. You're covering yourself if you need to remove any money from it and also covering yourself from any implications. As yet I dont believe there have been any cases where late protection has penalised the LL as ultimately it has been protected.

                    I believe you need to serve a S13 notice or similar to increase rent which tells the tenants your address, agents address, proposed rent increase and proposed start date.
                    [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                    Comment


                      #11
                      Originally posted by disco View Post
                      If they don't leave i will protect the deposit , also can i increase the rent on 2nd or do i need to give them some sort of notice?
                      S13 must be served with 1 tenancy period notice and T can challenge it. So at this point you may not increase rent starting in December. The first opportunity is January.

                      Comment


                        #12
                        Originally posted by disco View Post
                        my tenants are from romania and may not like a cheque
                        Sorry- I don't see the connection.
                        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


                          #13
                          Originally posted by MrJohnnyB View Post
                          I still dont see why you dont just protect it anyway.
                          As it would take a long time, and further expense to retrieve it.
                          Allow tenants to protect their own deposits. I want free money when they do it wrong

                          Comment


                            #14
                            Originally posted by disco View Post
                            If they are going to leave i rather give all the money back to her, will my idea of giving in cash & having a witness be ok? Or shall i insist on cheque.
                            A receipt (signed by T) for cash is fine, you don't need a witness as well. Up to you whether you insist on paying by cheque or not.

                            If i pay back all the money can i still be done for x3?
                            Unlikely, but I don't understand why you don't just protect the deposit, not to mention the fact that you are legally obliged to, and can't serve a valid s.21 unless you do. The DPS is free to use - http://www.depositprotection.com/

                            no it started on the 1st of the month , the last time i spoke to them they said will leave by 1st.
                            Then the fixed term ends on 30th November. If the T remains in residence after that date, a statutory periodic tenancy will automatically arise.

                            Comment


                              #15
                              Originally posted by thesaint View Post
                              As it would take a long time, and further expense to retrieve it.
                              A long time? It's not really that bad is it?! It's probably easier than feeling ransomed to giving back all the money rather than making deductions if the property has not been left in the state it should have.
                              [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                              Comment

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