Beware of what constitutes a deposit – Is there a definition?Make Text Bigger
My tenant could not afford a months rent and deposit in advance to secure my property. She really wanted the property and offered to pay four weeks rental in advance.
She was honest enough to say that she would not be able to pay future rent in four weekly payments so offered to pay one week at a time from day one of her contract. Ie she would always be four weeks in advance as long as she paid her weekly rent.
Due to her losing her job, rent arrears accrued and I had no alternative than to issue a Section 21 Notice via the local County Court.
The judge yesterday threw out of court my re possession order request stating that I had tried to manipulate the Tenancy Deposit Scheme and ruled that the four weeks rent was indeed a deposit.
I argued that had the tenant saved each weeks rent and had paid me four weekly as per the contract there would have been no difference. The judge was adamant that the four weeks rent was indeed a deposit and after this ruling I am awaiting a solicitors letter demanding the penalty of three times the so called deposit figure for failing to deposit in a Deposit Scheme.
Is there any clear definition as to what constitutes a deposit.
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