Where do i stand if i have let a tenant move in and not pay a deposit?

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    Where do i stand if i have let a tenant move in and not pay a deposit?

    WHERE DO I STAND IF I HAVE LET A TENANT MOVE IN AND NOT PAY A DEPOSIT?
    I agreed to let the tenant move in and pay the deposit with the first month's rent after she'd moved in.
    She has been forthcoming with the first month's rent but there has been a problem with her housing benefit meaning she would be late paying the deposit.
    she says she is more than willing to pay the deposit but just has to wait for the funds to clear in her bank account until she pays.
    have i jeopardised myself by letting her do this?
    I have found myself in this position due to not being able to sell my property (negative equity) and the more sensible option was to keep hold of it until the value picked up.

    #2
    To be honest, you don't stand anywhere.

    Issue a section 21(1)(b) notice with a view to evicting her at the end of her fixed term tenancy. Obviously you can reconsider your actions if the deposit ever appears - but the tenant has little reason to give it to you.

    Comment


      #3
      Did the Letting Agreement contain a clause requiring T to pay a deposit?
      If so, non-payment gives L the power to use a s.8 Notice on ground 12.
      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


        #4
        Originally posted by jeffrey View Post
        Did the Letting Agreement contain a clause requiring T to pay a deposit?
        If so, non-payment gives L the power to use a s.8 Notice on ground 12.
        Agreed, but OP should be made aware that ground 12 is not a mandatory ground. A judge may decide that this is not a sufficient breach to warrant eviction. I which case, LL has lost Ts goodwill, £100 - £175 in court fees and his own time and effort, which have a value too.

        Comment


          #5
          I agree. Sadly, the problem is one that OP brought on him/herself.
          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
            Originally posted by jeffrey View Post
            I agree. Sadly, the problem is one that OP brought on him/herself.
            I really don't think it's helpful to OP - a first time poster - to make value judgments like this.

            Comment


              #7
              Originally posted by westminster View Post
              I really don't think it's helpful to OP - a first time poster - to make value judgments like this.
              Nor do I.

              OP, the worst case scenario is that your T could leave having caused damage and/or mess which you will have to pay to remedy, then sue her for.

              It may not come to that, of course. Just keep politely requesting the deposit and stress to her that it will be lodged in a protection scheme immediately and returned to her at the end of the tenancy assuming no damage done, etc.

              Good luck - hope she produces it!
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


                #8
                What documentation have you given as a receipt for the monies received ?

                I would consider the option of treating monies received as the deposit* (or part deposit) and it is then the rent that is outstanding - depending on the terms of the Ast this may give you leverage to charge for late rent (interest , admin, reminder letters etc) to encourage payment to be made quickly.

                For the future - never allow keys out or move in before CLEARED payment has been received !







                * do not overlook the fact that this should be protected within 14 days in reg sch.
                A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                W.Churchill

                Comment


                  #9
                  Originally posted by jeffrey View Post
                  I agree. Sadly, the problem is one that OP brought on him/herself.
                  Sorry to wade in as well Jeffrey, but I wish you would refrain from this sort if comment - particularly to a new poster. You also said recently to a new poster "what a mess," which you really didn't need to say as they already knew it!

                  These sort of comments are condescending and not what this forum is about.
                  IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

                  Comment


                    #10
                    We post on here and ask questions. We don't always like the replies but we are adults. The OP did bring this problem on him/herself as I am sure they know and are totally prepared to admit. They came here in this knowledge looking for advice. We can all admit we have been a bit daft at some point - no shame in it! Jeffrey took the time to give some advice re S8. If we are all going to be supersensitive now we will have problems.
                    Unshackled by the chains of idle vanity, A modest manatee, that's me

                    Comment


                      #11
                      From the new forum rules:

                      22. Only post responses when you have something constructive to say or contribute.

                      24. Please do not chastise or use sarcasm to "newbies".

                      Comment


                        #12
                        Originally posted by William Brown
                        Pretty interesting post. I really enjoyed it. I like your post. Hope to see you in more post. thanks for sharing,
                        Hmmmmmmmmmmmm

                        Comment


                          #13
                          Originally posted by Snorkerz View Post
                          Hmmmmmmmmmmmm
                          Was that a middle C?
                          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                          Comment


                            #14
                            No, hate vast expanes of water - too many drownings off the coast of Blackpool when I was a kid.

                            EDIT: No, I wan't drowned too many times, read too many newspaper reports about drownings.

                            Comment


                              #15
                              Originally posted by Snorkerz View Post
                              No, hate vast expanes of water - too many drownings off the coast of Blackpool when I was a kid.

                              EDIT: No, I wan't drowned too many times, read too many newspaper reports about drownings.
                              Many of them people who - inexplicably - went in to save their West Highland terriers.
                              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                              Comment

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