Deposit protection with section 21 issue?

Deposit protection with section 21 issue?

9:34 AM, 26th June 2023, About 11 months ago 15

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Hi all, I hope you are all well. I have made a mistake on the tenancy and I accidently put that the tenant paid me a £1,000 deposit and that it was protected. That was not the case and I can prove that he did not pay me £1,000 via my bank statement, tenant can not prove that either.

I have served a section 21 already and I wanted to know if that would invalidate it as my solicitor says we can just write a statement to explain why the deposit was not given.

What can I do?

Thank you,

M


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Comments

Clint

8:40 AM, 27th June 2023, About 11 months ago

Reply to the comment left by MFA at 27/06/2023 - 08:29I think you are clutching at straws and should read the advice you have been given so far.
If your tenancy states that the deposit can be used for rent arrears at the end of the tenancy you could use it for that however, it does not solve your problem of using a section 21 notice for eviction or for the possibility of having to return the deposit and paying three times the deposit for not protecting it.
It seems to me that you do not have a clue about renting and the seriousness of not having all your documents in order. All I can say is, read all the advice that you have had so far and either take it or leave it to your solicitor to deal with. I think you have been given some very sound advice on this forum but are just looking to not pay the deposit that the documentation says you received and you also expect to recover the arrears in the rent.
I personally cannot see that I can help you with any further advice.

MFA

16:09 PM, 27th June 2023, About 11 months ago

I do appreciate all the advice but as I said I did not receive any deposit form the tenant, I'm sure there is a solution and I will take the advice from the solicitor, thank you all for your help and I will keep you updated with the outcome if any.

Hitesh

9:07 AM, 1st July 2023, About 11 months ago

Reply to the comment left by MFA at 26/06/2023 - 14:17
Ouch
Was tenant advised landlord changed?
Also trust bank account changed as new ownership etc
May need to check dads statements to see if audit trail - say 3 months statements either side….?
Was nee AST issued or rolled over?
Is is AST or now periodic?
Lots of issues
Let professionals deal with it’s complicated territory

Marie Lee

6:32 AM, 13th July 2023, About 10 months ago

Reply to the comment left by Clint at 26/06/2023 - 19:55
Some of what you suggest is just too risky, Clint. The tenant could still stay on after a doc has been signed.

Get the tenant to prove that he did give £1000 by producing a receipt, if he/she can't, it's your word against his/hers and the judge will have to decide.

Also, can't help wondering why a deposit wasn't taken.

Clint

8:46 AM, 13th July 2023, About 10 months ago

Reply to the comment left by Marie Lee at 13/07/2023 - 06:32I personally still believe it is the best option. What I did not make clear was that, the £1000 is only returned at the point where the tenant removes his/her belongings, returns the keys and signs the mutual agreement at that point. The agreed termination date would obviously have to be agreed on prior to the move out date.
I have ended many tenancies over the years in this way and headed it "Termination of Tenancy by mutual agreement" and have never had any comebacks.
If the Tenancy Agreement states that the Landlord had received the £1000 as a deposit, the tenant does not have to prove anything as it is already stated that the deposit was received. I cannot see any judge asking for further proof if the tenant states that he paid the Landlord in cash.
The wording in the agreement obviously has to include wording that protects the Landlord from any further claims In my earlier post, I could only have done this by posting the full possible wording of the agreement but I did not wish to do this.

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