Eric Kennedy

Registered with Property118.com
Monday 10th February 2014


Latest Comments

Total Number of Property118 Comments: 4

Eric Kennedy

10:35 AM, 12th February 2014, About 8 years ago

Late tenancy deposit protection fines

Nobody has answered my question - if tenants are renting jointly and severally, and the agreed deposit is 2000, can it not be argued that until that full amount is received the deposit has not been paid?... Read More

Eric Kennedy

15:57 PM, 11th February 2014, About 8 years ago

Late tenancy deposit protection fines

First off, I do completely understand your bafflement Mark as to why a newbie would try to do things solo. I guess hubris, a certain arrogance, a sense of invincibility, or perhaps an instinctive belief that as long as you behave honourably and decently the law will be on your side...? I can't argue with you - thank you for the link you sent, I am going to be in the market for that service soon so there we go, future problems avoided.
As to this new angle about receiving deposits in installments, this is what tripped me up. I received £1500 of a £2000 deposit, and was promised the final £500 which never actually materialised, despite being a condition of the tenancy. Has anyone ever attempted a defence based on only receiving some of the deposit contractually required and waiting for the balance? I know, I know, clutching at straws, I take some comfort from the fact that some commenters say that errors in good faith might 'only' attract a 1X penalty, but I'm left wondering - could it be argued that, since they were on an AST on a joint and several basis, the deposit was never actually received in full?
Further, the woman from the NLA helpline suggested that even if they paid the deposit in £5 increments, you would need to protect each and every fiver, and I have to wonder if she was being dramatic or if that really is the situation.... Read More

Eric Kennedy

11:59 AM, 11th February 2014, About 8 years ago

Late tenancy deposit protection fines

Reply to the comment left by "Mark Alexander" at "11/02/2014 - 09:34":

No they are in the process of moving out. What happened was - I'm a first time landlord - three sets of deposit were paid and I was waiting for the fourth. I knew I needed to register the deposit - but I didn't realise the penalties for not doing so were so extreme. There's a chance that it all gets sorted out - albeit I will have this hanging over my head for the next six years - and we go our separate ways, and in any case it's a lesson which has certainly been learnt. One piece of advice which comes up again and again is that smaller landlords making an error like this might "only" have to pay a 1X penalty, but even that is pretty catastrophic. Well, maybe catastrophic is putting it too strongly. I only wish I had known how bad the outcome can be for not following the letter of the law. I even used a solicitor to get everything done properly - she did stress the deposit needed to be registered, but if it was me I would really have double underlined and put in bold the potential consequences of not doing so. I suppose we live and learn...... Read More

Eric Kennedy

9:25 AM, 11th February 2014, About 8 years ago

Late tenancy deposit protection fines

Reply to the comment left by "Renovate To let" at "11/02/2014 - 09:14":

Thanks. I am just preparing myself right now, I am a first time landlord and received 3/4 of the deposit, with the rest 'to follow', which never did, so I missed the deadline by I think two weeks. Clearly I won't make this mistake again, and I suppose there is a chance that the worst won't come to pass, but I just wanted to get a sense of how this is playing out in courts around the UK.
Because, if I understand correctly, I don't understand why any tenant in a situation where their deposit was registered late would not file. And to make it worse, it seems like they can come back years later and make a claim. Which is probably the single most unfair and unsettling part of this legislation. Does anyone know how long after the tenancy ends a former tenant can bring a claim?
I put my hands up, I did screw up, and I accept that, and it seems I can only hope to get away with it this time. The tenants are moving out, so far things are amicable, but I want to be prepared for what may lie in store...... Read More