Un protected deposit. ops

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    Un protected deposit. ops

    Hi I have forgotten to protect a deposit. I have returned the deposit in full as i am aware i am at fault.

    Question is..... The tenant left after 4 months of a 6 month A.S.T contract, could i chase the last two months of rent due as she left before the end of the A.S.T contract was up in small claims court?

    Or do i let it go as it was my fault because i had not protected the deposit?

    Regards and thanks..

    #2
    You could have protected the deposit at any time with the DPS, as penalties for the non-protection have proved not to be enforced at recent court cases. Why did you allow tenant to leave early? You should only have agreed a surrender of the tenancy on your terms, and could probably have kept the deposit amount in lieu of unpaid rent anyway.

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      #3
      Did you re-let the property before the end of the original tenants 6 months?
      Did you at any time agree to let the tenants end their tenancy early?

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        #4
        Hi and thanks for quick reply. I have not relet yet, tenant has been for legal advice, and i read that it was best to repay deposit as could end up paying 3x as much back as i had not protected deposit. I did say that i would finish tennacy early if i had relet but not as yet. I did not alow tenant to leave early, the person gave me notice and emptied house i said all along tenant would be liable for full 6 months. But after reading this forum and advice left i thouhgt it best to repay deposit. I hope this makes sence cheers

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          #5
          Have you or tenant given notice to end tenancy in any written form that the other party would accept was served??
          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...

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            #6
            Originally posted by Snorkerz View Post
            Did you re-let the property before the end of the original tenants 6 months?
            Did you at any time agree to let the tenants end their tenancy early?
            As the answer to these appears to be 'no', then you can use the civil courts to claim the balance of the 6 months from the tenant.

            Write the tenant a letter saying what you want, and why. Tell them if they do not comply within (say) 14 days you will take legal action. Get a free certificate of posting.

            After 14 days, commence proceedings at http://www.moneyclaim.gov.uk

            Of course, if the tenant has no money, then they will not be able to pay, no matter what the court says. If that's the case, you may decide the above is more trouble than it's worth.

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              #7
              Hi I said to the tenant that if i was able to relet then i would not charge the full amount as i was trying to be fair. But since the tenant has gone for legal advice so i repaid deposit as not to run into problems as having not protected deposit. So this is what i was thinking going through civil courts to reclaim unpaid rent for the last two months of the tenancy. thank you all for your help.

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                #8
                To add i put inwriting that i would only charge for unpaid rent while the house stood empty. If relet i would release tenant from ast. I also put in writting and asked tenant to sign to say i was alowed to relet as still under ast i did not want tenant coming back at me for reletting.

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