Additional tenant in dispute after DPS case closed

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    Additional tenant in dispute after DPS case closed

    Hi all, I've been lurking on this forum for some time, but for the first time I seem to have a question that I can't find an answer to!

    I let a property to a group of 3 students, protecting the deposit with the DPS. When the tenancy came to an end, the property was handed back to me in an unclean state, so during the check out report I gathered time / date stamped photographic evidence, and contacted the tenants. The lead tenant spoke to me, accepted my suggested deposit deduction, and we met up and processed the deposit return (minus my deduction) together online. We split the remaining amount equally to the 3 of them, and all was well.

    Several days later, I got some angry text messages from one of the additional tenants, which culminated in a threat to take me to court for charges which she deems to be unfair.

    Being that the DPS case is now closed, and the lead tenant acts as spokesperson for all the tenants, has she got a leg to stand on?

    Thanks!

    #2
    The fact that the DPS side of things is over isn't the key factor, it's the fact that the 'lead tenant' agreed that the deductions were fair/reasonable and both of you agreed to settle.

    Also, assuming this was a joint tenancy, all three tenants would have to claim as joint co-claimants. Even if the others agreed to participate, it would rather undermine their case that one of them agreed that the deductions were fair.

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      #3
      Originally posted by westminster View Post
      The fact that the DPS side of things is over isn't the key factor, it's the fact that the 'lead tenant' agreed that the deductions were fair/reasonable and both of you agreed to settle.

      Also, assuming this was a joint tenancy, all three tenants would have to claim as joint co-claimants. Even if the others agreed to participate, it would rather undermine their case that one of them agreed that the deductions were fair.
      That's helpful information, thanks.

      It is a joint tenancy, and as far as I know all three are avoiding one another in equal proportion! Since I actually found their copy of the Tenancy agreement and Inventory abandoned at the property, it's somewhat doubtful she has any evidence on which to base a case on anyway.

      Comment


        #4
        It's not the tenants who'd need evidence, it's you. The tenants' claim would be for refund of the portion of the deposit which they would have to allege was unfairly withheld. You'd have to counterclaim as a defence and show evidence of the losses due to damage/cleaning. The reason for the claim being unlikely to succeed is because the tenants have already agreed to pay for those losses, and have already settled.

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