Had a CCJ demanding 3 times the deposit
Stupidly, and I mean very stupidly, did not put a tenants deposit in a deposit protection scheme.
They have just told me they are emigrating to Australia and have said in an mail that they are not going to be paying the last months rent. Now to top it off they have issued a CCJ demanding three times the deposit plus £105 for court costs.
They are also refusing me entry.
Up until now we have had a good relationship but they are totally exploiting the situation for monetary gain.
Do I have any rights or have I blown them all out the window by not putting the deposit in a scheme?
I used to use a letting agent but the tenant and myself decided to do it between ourselves.
We couldn’t agree on a contract so we verbally said what we wanted, I wanted 2-3 months notice but they have only give me one and that is not in writing.
Thanks in advance for any helpful suggestions.
Regards
Steve Morton
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Member Since December 2014 - Comments: 18
5:44 PM, 19th December 2014, About 11 years ago
Reply to the comment left by “Mark Alexander” at “19/12/2014 – 17:30“:
I have had through the post a letter from the council tax saying that the property will be vacant from the 28th Dec and there is a charge to pay of £335 for the next months so they have informed the council so i presume that would mean they are not intending to come back
Member Since December 2014 - Comments: 18
5:47 PM, 19th December 2014, About 11 years ago
Thanks Mark
Or it will be proof that they were not
Member Since December 2014 - Comments: 18
7:36 AM, 20th December 2014, About 11 years ago
The letting agent wants to go round to measure up and take photos i have given the tennants notice but they emailed me to say they are refusing entry i have read that if you give 24 hrs or more notice i can legally go round to show potential tennants/buyers the house, they are saying its their legal right to refuse
Who has the legal right?
Member Since April 2014 - Comments: 985 - Articles: 2
8:57 AM, 20th December 2014, About 11 years ago
Hi Steve, you still require their permission to enter. I would be careful. I can see they maybe trying to entice a further action that could be used against you such as harassment or trespass. I would suggest you back off until the current issue has been resolved. By the way Mary’s initial response is what I would have said. Take a few steps back, consider your position. It all very well others being brave on a forum but it will you who will face the court and suffer any additional consequences etc.
Comments: 297 - Articles: 1
10:28 AM, 20th December 2014, About 11 years ago
If you are making on offer of part of what they are claiming, look into the procedure for paying it into the court in advance. I think it gives you some protection if they are awarded that or less.
Member Since December 2014 - Comments: 10
12:41 PM, 20th December 2014, About 11 years ago
Just reading between the lines on this one, if the property was managed but you agreed between yourself and the tenant to handle it privately, was the Agent at all liable for protecting the deposit at the start of the tenancy?
Member Since July 2014 - Comments: 2
7:41 PM, 20th December 2014, About 11 years ago
Hello Mary, I took a deposit from my tenants and put it straight into a DPS account. 8 months into the tenancy they where behind on the rent and we came to a mutual agreement to use the deposit as part payment for the arrears.
There is now no deposit on the property and the tenants look after the house, with the rent being paid by the LHA.
Use of the Deposit from the DPS was agreed by both parties with all correspondence kept as proof of agreement.
Can you see any problems with what we have done, apart from the fact in taking some risk of now having no deposit held against the property?
Member Since December 2014 - Comments: 18
1:19 PM, 21st December 2014, About 11 years ago
Reply to the comment left by “Rob Crawford” at “20/12/2014 – 08:57“:
Yes i think you are right thanks
We are preparing to make the offer to the court today and send it Monday I do not like and cannot be bothered with the stress now, its not so much the money its more my pride that they have it all stitched up they got the better of me I’m only a builder and built the house myself so it has a little personal touch with me
Member Since March 2014 - Comments: 4
11:21 PM, 22nd December 2014, About 11 years ago
Have a look at :
http://england.shelter.org.uk/get_advice/tenancy_deposits/getting_your_deposit_back/tenancy_deposit_compensation_claims
It seeme to me that there are a lot of things your tenants have failed to do, and I suspect they may not come out of this too well. In particular that article says:
“If your landlord makes you an offer, think about whether it’s worth proceeding with court action. If you refuse a reasonable offer and carry on with the court proceedings the judge could decide you should pay the landlord’s reasonable out of pocket expenses for attending court.”
Best of luck.
Member Since March 2014 - Comments: 143 - Articles: 129
10:37 AM, 23rd December 2014, About 11 years ago
Steve,
Should the claims succeed and enforcement action start please feel free to contact me for any guidance.
David