I failed to protect the tenant's deposit on time. What are my options

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    I failed to protect the tenant's deposit on time. What are my options

    Hi Everyone,

    I'm a landlord and I have done the unthinkable and did not protect the tenants deposit. Just at the end of the tenancy, the lead tenant contacted me saying 2 of them ( they are 3 students) needed a place to stay till their new flat was ready. I had already rented out to a new set of students. I however managed to speak with the parents of the new tenants and they agreed to let the existing tenants stay on as they weren't moving in for the next few weeks. I also got the parents to agree to accept a mere token as rent for the extended stay. My exisitng tenants were to pay a £100 each for their stay. They would normally have paid £531 (normal rental rates). One of them paid immediately and the other did not.
    At the end of the tenancy, I personally returned their deposit minus pre agreed amount of 100 for extra stay for one of the tenants and £60 for carpet cleaning. I have all evidence that shows that the dedcuted amount was pre-agreed. The lead tenant came back insisting the deposit must be returned fully and that I had deprived them of being able to go through the dispute resloution process. I then deposited their full deposit amount into a deposit protection scheme and commenced a dispute resolution process. The dispute resolution process is still ongoing.
    The tenant has now put a claim through the sherrif court.
    What are my options?
    Can anyone advice me on this.
    Any advice will be much appreciated.

    #2
    Originally posted by Kem T View Post
    The tenant has now put a claim through the sherrif court.
    Is the property in Scotland?

    Comment


      #3
      Yes it is. Aberdeen.

      Comment


        #4
        Originally posted by Kem T View Post
        Yes it is. Aberdeen.
        You need to ask in the Scotland section.

        Check out Shelter scotland.

        http://scotland.shelter.org.uk/get_a...eposit_schemes
        "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


          #5
          Thanks. I will do so.

          Comment


            #6
            Originally posted by Wannadonnadoodah View Post
            You need to ask in the Scotland section.
            This advice leads to duplicate threads which if not caught early will create difficulties when trying to merge the threads later.

            Please use the 'report post' option and if you wish advise the OP that you have requested the thread to be moved.
            I also post as Mars_Mug when not moderating

            Comment


              #7
              Try and agree a settlement: It seems sheriffs usually award 3xdeposit - see

              http://www.landlordzone.co.uk/forums...t-penalty-fail
              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


                #8
                I would give them the deposit back in full, offer to pay the court fee and send them a bunch of flowers to stop the court action.

                You don't have a leg to stand on and if it goes to court you will lose and have to pay 3 * deposit amount.

                The court action is quite time consuming so your tenants may prefer to settle.

                Comment


                  #9
                  Thank you for your practical advice all. I will contact the lead tenant today and hopefully he accepts my apologies and proposal sum to cover his expenses.

                  Comment

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