16:31 PM, 31st October 2016, About 9 years ago 4
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I’m asking this question for a friend of mine who is now having problems with tenants who have now left the property.
My friend had work in Singapore for 6 months so rented out his flat. Everything was fine and he had a really good relationship with the tenants. What he failed to do was register the deposit straight away. He did eventually register it around 3 months after they moved in.
At the end of the tenancy the girls moved out, the property was spotless and he gave them their deposit back in full. Now 1 month or so after they have left, he has received a letter from their solicitor threatening to take him to court because he didn’t register the deposit within 30 days and are asking for 3 x the deposit amount.
My questions are, is this something to be worried about, how much trouble is he in and what does he need to do?
Thank you in advance for your help.
Regards
Rich
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Member Since February 2011 - Comments: 3447 - Articles: 286
16:33 PM, 31st October 2016, About 9 years ago
Hi Rich,
Unfortunately I haven’t seen any successful excuses for not protecting the deposit on time.
However, the maximum fine is 3 times the deposit plus the deposit so there may be room to negotiate with the ex-tenants?
Rob
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Member Since April 2014 - Comments: 984 - Articles: 2
17:08 PM, 31st October 2016, About 9 years ago
Sounds like a no-win-no-fee solicitor. I would like to know what the actual wording is in the letter. The max fine is 3 x the deposit. As such if there are any justifiable mitigating circumstances this is likely to be reduced somewhat. So it may be worth challenging the claim by letter to the solicitor. In any case it would be worth getting some legal advice – usually you would get 15 – 30 minutes consultation free.
Simon Hall
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Member Since November 2016 - Comments: 335
19:11 PM, 31st October 2016, About 9 years ago
Hi Rich,
These Solicitors generally use scaremongering exercise and as Rob has stated it is likely to be No-Win-No-Fee Solicitor.
The tenant has already vacated the property so the risk of getting possession of the property has completely been eliminated, which is of a course a great news. If Solicitors were to take legal action against your friend then they would have to send pre action letter before taking any action. I do not think based on what you have stated amounts to pre action protocol.
My suggestion would be to wait and see if they will take this matter to court (very unlikely) and if they did, then it is very unlikely although not impossible for them to get more than 1 x penalty as deposit was at least protected and most importantly it was returned back therefore it falls under “Low Culpability”.
Romain Garcin
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Member Since August 2013 - Comments: 883
22:34 PM, 31st October 2016, About 9 years ago
Those cases are usually open and shut, and the standard legal route for this type of claim allows for £1000+ in legal fees. Hence why they attract no win-no fee solicitors.
This means that your friend does not want this to go to court.