Tenant claims deposit was given in cash?

Tenant claims deposit was given in cash?

12:05 PM, 14th February 2023, About A year ago 33

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We are in dispute with a tenant that upped and left over a mouse in the house. That’s another story. However, they failed to read the meter on leaving and the electrical company have refused to refund them. They demanded we pay their electric bill and return their deposit.

We have no record of a deposit being paid nothing in the bank no receipt nothing on the tenancy agreement. The tenant has gone to no-win-no-fee solicitors who want copies of the tenancy, how to rent guide, electric and gas certificates and energy performance certificates.

The tenant has a copy of the tenancy agreement but must have lost it. What are readers’ views on what the solicitors should receive?

Our view is nothing as they have a tenancy agreement and the other things don’t relate to the deposit scheme except the how to rent guide. All were provided.

The tenant states they have a message saying I received the bond in cash. I haven’t got this message and they won’t share it!

Many thanks

Sam


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Comments

Luke P

13:07 PM, 14th February 2023, About A year ago

It’s a fishing exercise by the solicitors for a start. Just because they’ve asked for something doesn’t mean you need to give it (or even respond).

If your tenancies don’t already state ‘£0/zero/nil deposit paid’ that can be signed or initiated, then do that anyway moving forward.

Without a receipt or evidence, they’ll have virtually no chance of any success.

Pamthomp33

13:12 PM, 14th February 2023, About A year ago

If they gave you a deposit, you would have had to legally register it with a tenancy deposit scheme and provided the tenant with a certificate to prove it. Unless of course they are long term tenants who may have paid you before the law changed. It sounds like they are trying it on as most tenants would pay a deposit via bank transfer or cheque so that they have a record of this significant sum. The solicitor will want to see this too.

Pamthomp33

13:13 PM, 14th February 2023, About A year ago

If they gave you a deposit, you would have had to legally register it with a tenancy deposit scheme and provided the tenant with a certificate to prove it, unless of course they are long term tenants who may have paid you before the law changed. It sounds like they are trying it on as most tenants would pay a deposit via bank transfer or cheque so that they have a record of this significant sum. The solicitor will want to see this too.

Reluctant Landlord

13:17 PM, 14th February 2023, About A year ago

dont provide them with anything. Unless they have evidence to prove something, they cant initiate anything anyway. Ignore the letters and anything later on. By giving them any paperwork you may inadvertently give them something to go off and use against you.

They have probably told the tenant they can get thousands off you just so they sign up with them then tried it on my sending you to what amounts to a threatening letter.

Ignore. If they persist, write back quoting the Under Section 40 of the Administration of Justice Act 1970 and Section 2 of the Protection of Harassment Act 1997, any further communication is not acceptable and they must stop sending letters and all communication received will be retained as clear and obvious evidence of this breach should they persist.

David

16:01 PM, 14th February 2023, About A year ago

Take legal advice of your own.

Christopher Lee

8:33 AM, 15th February 2023, About A year ago

You're under no obligation to provide anything. You're not their nanny.
And they can claim anything they like re a cash deposit but if they don't have any proof, it wasn't paid.

Christopher Lee

8:35 AM, 15th February 2023, About A year ago

I send every single piece of paperwork via docusign now, however trivial. Keep it all electronic going forward.....

Freda Blogs

10:06 AM, 15th February 2023, About A year ago

Reply to the comment left by Christopher Lee at 15/02/2023 - 08:35
I do the same.

It makes documentation much easier to find when required, and gives peace of mind knowing that potential tenant 'wriggle room' is minimised in the event of a dispute.

Christopher Lee

10:18 AM, 15th February 2023, About A year ago

Reply to the comment left by Freda Blogs at 15/02/2023 - 10:06
It also gets rid of the cr4p of...oh sorry, I haven't signed the inventory yet...or tenant x isn't around blah blah blah...
It simplifies everything.

Pamthomp33

10:42 AM, 15th February 2023, About A year ago

Reply to the comment left by Christopher Lee at 15/02/2023 - 08:35
I pdf my signed documents and add to the property Openrent account. I get notification that I have sent documentation to the tenant as do they.

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