Renters’ Rights Bill will fuel a rise in tenancy disputes – claim
2 years ago | 1 comments
Unprotected deposit court proceedings?
12:01 AM, 24th October 2024, 2 years ago
27
Hi all, apologies if this is not the way to do things. I’ve signed up specifically to this forum to see if anybody would be kind enough to offer some advice if possible?
I’m messaging as I feel I’m essentially being extorted by a tenant whom I believed to have had a brilliant relationship with only to be threatened with court action.
Long story short – I’ve had the tenant for 13 years in the property and never had a single issue in that time but decided to sell up this year. We gave the tenant significantly more notice that we planned to end the agreement due to the relationship and wanting to ensure she had plenty of time to sort herself out (and have even supported one of her family members with time and effort in getting a property separately following some personal trouble).
The problem as you can gather is that I hadn’t protected the deposit – I totally accept the mistake and take full ownership/accountability for this – it was purely a little bit of naivety and belief that given the long standing relationship that it wasn’t a huge deal (live and learn!), and despite there being significant damage to the property, far exceeding the amount held, I have offered her the full deposit back as I accept that I technically broke the law. There was never anytime where the deposit was withheld.
The tenant however has gone through a solicitor and has asked for x3 times the amount of her deposit and legal fees on top, citing ‘material loss’.
We are essentially questioning whether to go to court and push back on the basis that she’s taken advantage of this situation and hasn’t suffered any material loss to justify the requested amount – it’s a huge shock and represents moral bankruptcy in our eyes, but here we are!
There’s never been a crossed word or anything untoward in the days before the exchange… all very friendly, nor have any issues ever been raised on the condition of the property but as the handover day approached, she went radio silent for days and didn’t hand the keys back until days after the exchange was agreed.
Finally after multiple messages politely asking for the keys, she came back to say she was going through solicitors for money.
In anybody’s experience, under the circumstances do you foresee a judge demanding the full x3 amount paid, in which case it isn’t worth pushing and are better off just paying the amount?
It’s principally disgusting to us to pay all this money when we’ll essentially be paying somebody we’ve done a lot for to leave the place in a state. We’ve gone back to the solicitor to try and mediate and avoid court but it’s been met with increased fees and no interest in doing anything other than exploiting. It would be great to learn how judges deal with the circumstances in these cases and how it does or doesn’t play a part in the outcome?
Apologies for the mouthful but exceptionally grateful for any advice!
Best regards,
Will
Tags:
Housing Act 2004 deposit rules, landlord deposit protection law, landlord legal advice deposit penalty, landlord tenant relationship breakdown, property damage tenant dispute legal, tenant claim x3 deposit amount, tenant compensation unprotected deposit, Tenant deposit dispute
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2 years ago | 6 comments
How to deal with an unresponsive tenant?
2 years ago | 49 comments
Member Since January 2015 - Comments: 49
9:30 AM, 25th October 2024, About 2 years ago
It is not worth it to take a deposit, it has to be protected, prescribed information has to be given,, you need a receipt from the tenant for the service of the information, it opens you up to comments from the tenant, that “he doesn’t recall getting the required info”
In short, the system is loaded against the the LL, and the court always gives the benefit of the doubt to the tenant.
Do regular inspections, every 6 months. Pay particular attention to the number of occupants, subletting is rife. You could be accused of having an unlicensed HMO, even when you knew nothing about it.
Don’t use an agent, absolutely useless.
Pictures of everything.
Regular rent reviews, charge what is the usual rent. Do not be concerned that the tenant cannot afford it, not your concern.
It is your investment, you are not social housing!
You are not obliged to evict for rent arrears, but easier to prove than subletting, or growing cannabis, or antisocial behaviour.
Member Since September 2023 - Comments: 92
10:01 AM, 25th October 2024, About 2 years ago
Reply to the comment left by Rikki Jalota at 25/10/2024 – 08:46
Unlikely to succeed. It’s reasonable to expect a LL to protect a deposit once it has been paid hence you would only find out that it was unprotected when trying to claim it back. This would be when the clock starts on statute of limitations
Member Since January 2020 - Comments: 559
10:09 AM, 25th October 2024, About 2 years ago
Reply to the comment left by Stephen Smith at 25/10/2024 – 09:30
It sounds like being a landlord may not be for you.
I am a long time landlord (30 years) and run an agency. We play by the rules, however much we feel they are an imposition, and get very few problems. The system is not perfect, but we know our market well and aim to let tenants get on with their lives – some having been with us 15-20 years.
On the agency front, I hope we’re not useless! That’s a bit of as generalisation. We have a great record of paying rent over to landlords, arrears are rare – we pay out every week. My staff are very well trained and on message – our clients love them!
Member Since January 2015 - Comments: 49
10:28 AM, 25th October 2024, About 2 years ago
Reply to the comment left by Graham Bowcock at 25/10/2024 – 10:09
My wife is an ARLA registered letting agent.
In court she does all the talking.
Only 2 properties left, getting rid of them.
BTW, had an incident where a drug dealer was given the tenancy, even though he was referenced by the agent.
A moron could see that the referencing was false.
Long story short, it seems that the drug dealer knew the agent, went to school together, but difficult to prove collusion.
Anyway judgement for £15k.
Just assessing my options to ruin his life.
Contrary to what people think, court judgements do not disappear after 6 years but remain enforceable for ever.
Happy days
Member Since June 2023 - Comments: 4
4:57 PM, 26th October 2024, About 2 years ago
Reply to the comment left by Paddy O’Dawes at 25/10/2024 – 10:01
True to a certain degree, but for once this part of the law works in the landlords favour…Send a solicitor’s letter to them rather than giving up without a fight!!
Member Since June 2023 - Comments: 4
5:00 PM, 26th October 2024, About 2 years ago
Reply to the comment left by Paddy O’Dawes at 25/10/2024 – 10:01
True to a certain degree, but for once this part of the law works in the landlords favour…the tenant also has a responsibility to know where there deposit is…
Send a solicitor’s letter to them, stating the limitations act, rather than giving up without a fight!!
Member Since September 2020 - Comments: 6
11:00 AM, 19th February 2026, About 2 months ago
if you think the RRA will be a great benefit to prospective tenants it wont
it will only make tings worse for new renters after May 2026
when S 21 was in place it was reasonable to get tenant out for a good reason
now prospective tenants will be faced with a thorough work financial and previous tenancy investigation
Where once you may have been lenient with late rental payments, CCJ ,poor /medium credit rating etc iffy reference from previous landlord this will now be a huge barrier to letting inc guarantor references
I will be requesting the following from prospective
1 years bank statements where the rent is paid on time in full no lump sums paid in by anyone to cover the rental
previous landlord reference which the owner of the property will be cross checked with the council to see if licence is in place with the name of the property owner address date of tenancy commencing
A copy of their previous letting incoming and outgoing inventory electronically dated
Any stoppages from their deposit and the deposit registration number
any anti social behaviour complaints
Any recycling complaints
Any fly tipping offences
and on and on we go