7 days notice via txt only, unprotected deposit

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    7 days notice via txt only, unprotected deposit

    Q1 – Where is the rented property located - England

    Q2 – What type of Tenancy Agreement (TA) is this: Sole tenant

    Q3 – What date did current TA start: 06/09/2015

    Q4 – How long was initial fixed term: 12

    Q5 – Does the TA state that rent is due: Monthly

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?: 06/09/2015

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).

    Q8 – Does the landlord live in the same property as the tenant?: No

    I have made the mistake of not protecting the deposit (although I ticked the box saying I would on the NLA Assured Shorthold Tenancy Agreement).

    The tenant only gave notice via text message on 28/10/2016 that they would be leaving on 06/11/2016 (7 days notice). They still have not given written notice. They have emptied the property and returned keys. The Agreement states "The Tenant giving written notice of at least four weeks and expiring on the last day of a rental period of the Tenancy." ie. rent has to be paid for period 6th November to 6th December? (Rent is normally paid monthly on 6th)

    The grey/ black bin has been left overfilled.

    The green bin (garden/ food waste) has been left with rubble and other waste inside (not allowed in green bin)

    They have left further waste in the garage including a broken down bed and small appliances.

    I verbally advised them I wouldn't be returning the despot and today received an email from them requesting details of the deposit protection scheme I used?

    Short version: Unprotected deposit, Inadequate notice period (still not written), Unpaid rent and cleaning costs

    I am considering returning the deposit and then pursuing a claim in courts for the unpaid rent (still no written notice given- so still no notice to quit?) and cleaning costs?

    Where do I stand? Any help would be greatly appreciated

    #2
    You have broken the law regarding unprotected deposits (over 10 years old that law..). Tenant has been granted by Parliament the right to sue you for up to 3xdeposit & will almost certainly win - at least 1x in addition to any return of deposit. Parliament has re-affirmed that right, which it did when landlords were given at extra 16 days to protect deposits.

    Your tenant has left, cleared the place, returned keys, you've had no court battles or court fees (yet...) to get them out. The terms for notice do not transfer forwards to the periodic phase, but tenant should still have given AT LEAST 1 month's notice ending on 1st or last day of a tenancy period.

    You are of course entitled to counter-claim: I'd advise attempting a compromise: I'd probably try & get them to agree to drop everything if I return deposit, plus 1.5xdeposit. Others will hold alternative views..
    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
      Thank you for your reply theartfuldodger.

      I am aware I have made a mistake.

      They have only emailed me: no formal action. The email seems to be using a template from shelter fishing to see if I have used a deposit protection scheme or not. However it has been sent from what appears to be the sons email address and not the tenant who my agreement is with.

      I am happy to return the deposit. Would you suggest contacting the tenant and saying I am happy to return the deposit and how he wants payment? Or just posting a cheque and not replying to the email?

      Also: reaching an agreement as above and paying them a fifth extra (1/5x deposit) is only going to make them think they have a case and would not guarantee they wont bring an action further down the line?

      Comment


        #4
        I personally wouldn't argue about returning it because unless they had rent arrears that wipe out the deposit and fine then you will be forced to return it at some point, regardless of any mess they left behind in the property.

        Even returning it now, it sounds like they already know they can sue for the deposit and up to 3 times more. Iv also read they can claim for each time the tenancy was renewed and still not deposited.

        Probably your best option is to return the deposit and then get a professional invoice for any repairs and cleaning, in the hope you can at least counterclaim for something when they take you to court.

        We also made the same mistake of not using a scheme but for different reasons and it's unbelievable the costs involved for not complying.

        You should feel lucky they left off their own accord because not usin the scheme is even worse when your trying to evict!

        Comment


          #5
          I meant 1.5xdeposit, not one fifth (typed wrong initially, my bad, sorry)

          Lodger not dodger.:. I don't dodge.
          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


            #6
            You seems to have to clarify your username every other thread!
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              Im arranging to return his deposit asap and obviously if tries to take it further I will counterclaim for unpaid rent (minimum 1 month, possibly more if notice by text message doesn't count as written notice) and cleaning costs.

              Comment


                #8
                They don't think they have a case. They have a case, hook, line, sinker, rod and copy of angling times.
                "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

                What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

                Comment


                  #9
                  You are snookered, 1mm.
                  When they sue you for non-protection, you can counter claim for your losses from deposit only, not any 1-3x penalty awarded, Anything in excess of deposit would have to be via separate SCC action and justified as 'reasonable'.

                  As for artful's monika, perhaps everyone making the mistake has read/seem Oliver Twist?

                  Comment


                    #10
                    Originally posted by mariner View Post
                    You are snookered, 1mm.
                    When they sue you for non-protection, you can counter claim for your losses from deposit only, not any 1-3x penalty awarded, Anything in excess of deposit would have to be via separate SCC action and justified as 'reasonable'.
                    Is that the procedure for a Part 8 claim?

                    Comment


                      #11
                      If they decide to take action, the best you'll come out is with one month rent and probably a very small element for the things you've mentioned, so either way, you are in a much worse situation than you were before if you'd just returned the full deposit rather than challenging it, by which there is a high chance that they wouldn't have sought advice and would never have found out that deposit hadn't been protected.

                      It's a hard lesson to learn, but you can't change it.

                      Comment


                        #12
                        Why only one month rent? If an implied surrender was not accepted, i.e. the tenancy has not yet ended by operation of law, the tenant is still a tenant until the expiry of a valid notice to quit that they have apparently still not given, or the LL action (+ the old tenant's) amounts to an implied surrender, which in such a case is usually when it's finally re-let. That could be a couple of weeks, or it could be a couple of months.
                        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                        I do not answer questions through private messages which should be posted publicly on the forum.

                        Comment

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