Getting tenants out - deposit now returned.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Getting tenants out - deposit now returned.

    Hi Guys

    Hoping someone can help.

    Long story short.....letting agent that did tenant find for me didn't lodge deposit correctly, at least that's my suspicion, and they won't give me evidence to support that they did proceed correctly.

    Tenants are dss, rent is paid to me directly, but they pay a top up, but stopped paying top up a while ago, and now have significant arrears. Can't s21 them as I am not sure over the deposit protection.

    Current letting agent (different from above) informed me that tenants want to leave and asked for a reference. I said I would only allow this if they first give the deposit back to at least cover some of the arrears. All that was said on the reference was that the rent was part paid by the Dss. It was for a house with a housing association.

    So they have given me the deposit back. Weeks have gone by and they still have given no indication of moving so I assume they were unsuccessful in getting their property.

    My question is can I s21 them now there is no deposit being held?

    Many thanks for any help

    #2
    Originally posted by nessa View Post
    ....
    .....

    So they have given me the deposit back.....
    Who is "they"?? Agent, tenant??

    Do you have the agreement to release deposit to you in writing from your tenants?? If so you should be OK to issue a valid S21..

    You'll appreciate tenant can sue you for up to 3xdeposit - up to 6 years after it should have been protected...
    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...

    Comment


      #3
      The answer to your question is "Yes".

      Make sure you have written proof that they have agreed to forfeit their deposit for rent.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        Thanks guys for your replies. I will check about the written confirmation with the letting agent.

        However you are saying that the fact they have gone through DPS to release the deposit ie gone online and submitted their payment id is not enough?

        Also the deposit was protected I just don't think it was protected within the right timescale. Does this still leave me open to prosecution?

        Comment


          #5
          Originally posted by nessa View Post

          However you are saying that the fact they have gone through DPS to release the deposit ie gone online and submitted their payment id is not enough?
          Maybe, maybe not.

          Originally posted by nessa View Post

          Also the deposit was protected I just don't think it was protected within the right timescale. Does this still leave me open to prosecution?
          Yes it does.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment

          Latest Activity

          Collapse

          Working...
          X