Tenant moved in 6 days ago & still not given full deposit, please help!!

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    Tenant moved in 6 days ago & still not given full deposit, please help!!

    Hi all,

    A tenant, agreed to have her deposit ready for me on the day she would sign the T - agreement, one day before moving in.
    However, as she was relying on a crisis loan, they informed her the day before that she would not be eligable as it was for a deposit and not a months rent in advance.
    This means she was only able to give me part of the deposit. However, the deposit amount stated in the tenancy agreement is more than the amount she was able to give.
    The problem I have now is that I have a time limit of 14 days to sumbit the deposit into a Deposit Protection Scheme as it says in the tenancy agreement. As she is a benefits tenant, she has also sumbitted her tenancy agreement into the benefits section, so they already have the copy which states the original deposit amount making it difficult for me to change that amount and get her to sign another t-agreement based on the lower amount she was able to provide.
    She has told me she should have the rest of the deposit by tuesday although I'm not relying on this.
    I don't want to add my own money to her deposit as she may never pay up and then later claim it all for herself.
    When I phoned the DPS for advice, they told me I would need legal advice, but this costs money which i don't have.
    14 days are up on friday. What can I do if she doesn't come up with the rest of the deposit, and what sort of action can I face as a landlord if I don't provide proof to the tenant that the full amount is in a DPS within the 14 day deadline and how can I avoid it?
    I'd greatly appreciate and words of wisdom on this.
    (i'm sure there are some lessons to be learnt here)
    Many thanks

    #2
    Clearly, it was a bad idea to allow T into occupation without receiving full amount due.
    You cannot protect what you never received. You do have to protect what you did receive (or else hand it back to T). Having said that, I'm sure that you know of the only minimal consequences following non-protection (unless you need to serve T under s.21, or T applies to Court for an Order + the 3x penalty).
    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).

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