Deposit used to cover rent, now tenants demanding deposit return

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    Deposit used to cover rent, now tenants demanding deposit return

    Hi, hoping someone can give me some advice please. Apologies for long story.
    I had two tenants move in to my property nearly two years ago. AST was signed by both tenants.
    After a year the female tenant moved out and said full bond was hers as male tenant owed her money.
    I said this would be sorted when male tenant also moved out and property had final checks.
    Male tenant was issued with new AST for 6 months with only his name on it. After this period ended it continued on a rolling contract. Everything was fine as I thought until I received a text message from male tenant, two days before rent was due, informing me he had vacated the property due to leaving the area. He also said he'd sent me written notice, the month before informing me of this. No such notice was ever received.
    Obviously I was annoyed as I now had a months mortgage to find with no rent.
    I visited the property the following day to find ex female tenant packing up male tenants belongings!
    I spoke to her about dep being used as my months notice and she agreed to send me details to take it from DPS system.
    This was done and money hit my account. They are now both demanding their dep back and threatening me with legal action!
    Any advice greatfully received!
    Thanks. ( very worried landlady)

    #2
    Did you deposit the money into the Deposit Protection service yourself?

    If so, how did you get the funds back exactly?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

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      #3
      Yes, I deposited money into DPS scheme.
      Ex female tenant send me her code to take dep out, but now demanding I forward it to her bank account!

      Comment


        #4
        Originally posted by Caz2677 View Post
        I had two tenants move in to my property nearly two years ago. AST was signed by both tenants.
        After a year the female tenant moved out and said full bond was hers as male tenant owed her money.
        I said this would be sorted when male tenant also moved out and property had final checks.
        Male tenant was issued with new AST for 6 months with only his name on it. After this period ended it continued on a rolling contract.
        From what you say it would appear that the money in the DPS was held in respect of the first [joint] tenancy, not the second [completely separate, sole] tenancy. Assuming that to be the case, and assuming the rent was fully paid for the duration of the first tenancy, the deposit cannot be set against unpaid rent of the second tenancy, and is refundable to the tenants of that tenancy, i.e. male and female.

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          #5
          The DPS dep was in joint names with the male tenant being lead tenant.
          When female tenant left the property a year ago it was on the understanding that male tenant paid her back when he left the property.
          He left without giving me any notice with no forwarding address and is now threatening legal action to obtain his dep back.

          Comment


            #6
            Originally posted by Caz2677 View Post
            The DPS dep was in joint names with the male tenant being lead tenant.
            And held against the first tenancy (where the tenant was M+F jointly).

            When female tenant left the property a year ago it was on the understanding that male tenant paid her back when he left the property.
            That is merely a private understanding between the tenants. It does not mean that the deposit magically transferred itself to the second tenancy (where the new tenant was M). Unless you re-registered the deposit against the second tenancy, you cannot use the deposit held against the first tenancy for the T's liabilities under the second tenancy.

            He left without giving me any notice with no forwarding address and is now threatening legal action to obtain his dep back.
            Both M+F, i.e. the tenant of the first tenancy, would have to jointly claim against you, and they'd both have to give their address. You could then defend with a counterclaim against M for unpaid rent in respect of the second tenancy.

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