10:48 AM, 25th November 2014, About 7 years ago 18
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.
Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.
Advice and implementation provided by a practising Barrister-At-Law with £10,000,000 of Professional Indemnity InsuranceBook Now
|“Account”||means an account required to access and/or use certain areas and features of Our Site;|
|“Cookie”||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;|
|“Cookie Law”||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;|
|“personal data”||means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and|
|“We/Us/Our”||Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.|
|Name of Cookie||Purpose||Strictly Necessary|
|JSESSIONID||Used only to collect performance data, with any identifiable data obfuscated||No|
|__cfduid||This cookie is strictly necessary for Cloudflare's security features and cannot be turned off.||Yes|
|Name of Cookie||First / Third Party||Provider||Purpose|
|__utma, __utmb, __utmc, __utmt, __utmz||First||Helps to understand how their visitors engage with our website|
|_fbp||First||Helps to understand how their visitors engage with our website|