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Tenant taking me to court - TDS - will I be ok?

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Comments

  • gauly
    gauly Posts: 284 Forumite
    Did you offer to pay his court fees too? I wouldn't settle for just getting the deposit back when I had had to fork out for court fees to get you to return the money.
  • pinkat
    pinkat Posts: 1 Newbie
    you should join a scheme now and protect the bond you have just received back from your tenants. YOU HAVE 14 DAYS TO DO IT from the date it is received.
  • anotherpaul_2
    anotherpaul_2 Posts: 482 Forumite
    edited 11 June 2009 at 8:10PM
    pinkat wrote: »
    you should join a scheme now and protect the bond you have just received back from your tenants. YOU HAVE 14 DAYS TO DO IT from the date it is received.
    I doubt that the court would see this as "money received for deposit", but, as suggested by others, rejection of a "full and final settlement offer". So protecting it is irrelevant.

    OP, the amount of advice you apparently DIDN'T get from your LA is scary. You should really be finding another one, asap.
  • ConfusedLandl0rd09
    ConfusedLandl0rd09 Posts: 4 Newbie
    anotherpaul wrote: »
    I doubt that the court would see this as "money received for deposit", but, as suggested by others, rejection of a "full and final settlement offer". So protecting it is irrelevant.

    OP, the amount of advice you apparently DIDN'T get from your LA is scary. You should really be finding another one, asap.

    My concern is that the judge will rule that it IS a part of the deposit, and therefor order the 3x penalty. Because once he has ruled that I have a portion of the deposit, I know he will order it returned and force the 3x fine, something that is clearly a bit harsh given there has been no financial loss to the tenant.

    Is there any legal ground that entitles the tenant to return the deposit? I really think they are just trying it on. The judge surely has to recongise that I have fully repaid the deposit, and therefor cant be fined the 3x.

    I'm going to see if I can protect it anyway. Is it even possible to protect it at this late stage?

    And yes... I have a new agent now.

    Thanks for the help!
  • Emmzi
    Emmzi Posts: 8,658 Forumite
    1,000 Posts Combo Breaker
    ConfusedLandl0rd09 wrote: »
    something that is clearly a bit harsh given there has been no financial loss to the tenant.

    but there has been. court action etc. not to mention hassle, blood pressure etc.

    And you don't know what he was relying on the money for - he could have incurred all kind of hassle and bank charges for being overdrawn - you just don't know.

    You did the wrong thing, albeit unknowingly. Let the court decide. Then if appropariate, sue your old LA to recover your losses.
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • Zelie
    Zelie Posts: 773 Forumite
    Can you help me guys? I robbed a bank about six months back. Probably shouldn't have and it was a bit silly of me I know. Anyway, long story short - I was arrested and am going to court next Tuesday. I think this is completely out of order because after I was nicked they got all of the money back. Do you think I'll be let off? It's so unfair.
  • ConfusedLandl0rd09
    ConfusedLandl0rd09 Posts: 4 Newbie
    More like the bank gave me a loan and I didnt repay it on time. Lets be serious here please.
  • Zelie
    Zelie Posts: 773 Forumite
    Yes, you are right. It's SO unfair that I'm being penalised for taking this money when I handed it back to the coppers. They've had no material loss so I don't see what they are complaining about. Why should I be taken to court? I didn't know there was a law about this!!!
  • Romola
    Romola Posts: 6 Forumite
    ConfusedLandl0rd09 wrote: »
    More like the bank gave me a loan and I didnt repay it on time. Lets be serious here please.
    Being serious, if it was in the terms of your loan that there was a penalty for late payment, and you paid up 3 months late, you wouldn't be able to say 'whoah, steady on, you got your money, so I'm in the clear' would you? And you can't now.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Our MPs have returned the money .......................................;)
This discussion has been closed.
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