Tenant did not pay deposit and now claiming they did

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  • Tenant did not pay deposit and now claiming they did

    Hi,

    I have recently applied for possession of my property and received a letter from the judge saying that i have a hearing date in 2 weeks.

    It also says that the tenant claims to have paid a deposit of £950, whereas she did not pay any deposit at all. What can I do to prove this as I do not want to fork out £950 for nothing?

    Thank you for your help in advance!

  • #2
    in this case the tenant will have to prove they did pay. There is no way to prove they didnt.

    Is a deposit mentioned in the tenancy agreement? Do they have any paperwork that mentions a deposit? If they have been in the property for N months, is what they have paid N x Rent exactly?
    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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    • #3
      on the first agreement, it says deposit but the amount is left blank. in the latest agreement (from feb 2012), the deposit amount says £1000 but in the back it states that the deposit has not yet been paid by the tenant.

      The rent is supposed to be £1000 a month from the agreement but the tenant has been payin £950 since 17/8/2011.

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      • #4
        It looks like the evidence you have confirms deposit not paid, burden of proof on tenant to prove they have paid .

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        • #5
          Originally posted by fhearty1 View Post
          It also says that the tenant claims to have paid a deposit of £950, whereas she did not pay any deposit at all. What can I do to prove this as I do not want to fork out £950 for nothing?
          I assume this is a s.21 possession claim?

          You will not be ordered to pay the T anything at a s.21 possession hearing. The issue of a deposit is relevant because, if the T had paid a deposit, and you had not protected the deposit, then your s.21 notice would not be valid.

          Originally posted by fhearty1 View Post
          in the latest agreement (from feb 2012), the deposit amount says £1000 but in the back it states that the deposit has not yet been paid by the tenant.
          The T will need to produce evidence of the payment.

          The rent is supposed to be £1000 a month from the agreement but the tenant has been payin £950 since 17/8/2011.
          Then the T owes you around £900.

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          • #6
            Yes its a s.21 possession claim. The court hearing is in 2 days and I've never done this before so a little anxious.

            I just wanted to ask; should I present my view in writing to the judge or simply verbally on the day (or both)?

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            • #7
              If the hearing is in 2 days, then it is too late to submit your case in writing.

              Have a rent statement with all the payments made clearly showing(especially at the beginning of the tenancy).
              Take 3 copies so that you can present one to the judge, and the tenant.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

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