Tenant claims deposit was given in cash?
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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Member Since November 2015 - Comments: 584
11:59 PM, 19th February 2023, About 3 years ago
Reply to the comment left by David Houghton at 19/02/2023 – 09:08
Well yes, if you hold any personal data about your tenants on a phone or computer or iPad or any digital device you need to register with the ICO as a data controller and you must comply with all their regulations.
Unless I’ve misunderstood your question…
Member Since December 2021 - Comments: 161
12:07 AM, 20th February 2023, About 3 years ago
Reply to the comment left by Kate Mellor at 19/02/2023 – 23:59
Sounds like a jolly good reason to stick to paper contracts!
Member Since October 2022 - Comments: 402
9:14 AM, 20th February 2023, About 3 years ago
Reply to the comment left by Kate Mellor at 19/02/2023 – 23:59
Kate, as I understand it, the problem is if you hold any structured data,. E.g. database, card index, spreadsheet.
It doesn’t apply to a lever arch of tenancies
Of course I could be wrong, that was the position under the old Data Protection Act