Tenancy Deposit Scheme Compliance

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    Tenancy Deposit Scheme Compliance

    Hi all I'm new to this forum and although I have read a number of similar threads all seem to have a slightly difference take on how they complied with Tenancy Deposit Scheme.

    Around 6 months ago I rented my property to a Property Solicitor, funny enough the tenant commented on the AST and said they'd provide a better one on termination.

    All went well apart from the tenant falling out with the neighbour and requesting that they hand in their notice, which was fine by me. We went through the standard check out process and apart from retaining some of their deposit for final rent due and a small disagreement on a charge of 35 pounds to mow the lawn we agreed on the deposit returned.

    One week later I have received a 'without predudice save as to costs' letter re non compliance to TDS. Clearly having read all there is on the Housing Act 2004 Sec 213 and 214 and Housing Tenancy Deposits 2007 I realise that I have been non compliant.

    I did follow the process and bank the deposit with the DPS and obviously both of us received the certificate stating both parties details, deposit and rental amounts plus ref numbers within 7 days of the deposit being submitted to the DPS. However I did fail to follow up with the Prescribed Information Document regarding the DPS scheme and the terms and conditions - naivety on my part.

    Tenant the property solicitor has suggested my failing will not be looked on lightly by a judge and I could pay between 1x to 3x the deposit - all true.

    Tenant has requested an out of court settlement of 2x Deposit (3500 pounds)

    My thoughts are that I have been setup, it almost feels like entrapment and total dishonesty on the property solicitors side.

    Thoughts and suggestions please?

    #2
    Your mistake. Your loss.
    Since deposit has been returned (less reasonable deductions), I would hope Judge would only award 1x Penalty for simple PI mistake which did not financially disadvantage T, so I may be inclined to counter-offer £1750 'in full & final settlement'. See what response you get. Judges can be fickle.

    Comment


      #3
      Entrapment?

      The power to not be on the receiving-end of a claim like this lies entirely with you. You can't be 'setup' if you did what you were supposed to do - no-one stopped you from doing what you were supposed to do.

      Likewise, I think I would offer the 1x deposit... or round it up to £2,000... because a) at least that shows a willingness to resolve the issue before arriving at Court and b) that is the minimum the Court could award so sweetening it a little might be smart. I'd prefer to settle rather than go to Court, any day. I know people have said it's quite hard to bring a case but... well, look who you're dealing with.

      Comment


        #4
        You have little option here but to try to settle. Minimum Court will award is 1 time the rent, but who knows, it could be 3. Make a counter offer and remember to serve your PI next time!

        Comment


          #5
          Thanks Mariner and Hippo, sound advice.

          Comment

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