Made a mess of being a Landlord

potzer

Hi all,

I've been reading here for a while and decided I need to get some advice, I have posted on some other forums too.

I have a BTL house, which I have rented out for past 1 year and had to give a S21 order to current tenants, who have caused general damage etc.. and have now not paid me the last months rent and I can see this dragging out esp as they are now moved out.

I have told them that they will not see a penny of the deposit and also I will be charging them for repairs.

things took a turn for the worse when the family of one of the tenants asked about the paperwork for the deposit and I have forgotten to register it (I know this was a mistake and an oversight on my behalf).


they owe me a months rent of £1050 plus cleaning/repair bills of £475 plus vat. but now they say they want £4200 off me for non protection, plus court costs..
They are now threatening to go to court and request the deposit plus 3 times the amount. Where do I stand here?

sooz

Are you a member of a LL association?

If not, I'd suggest you join one asap. Try www.landlords.org.uk

When did they move out?

Apart from not registering the deposit, did you do a full inventory before they moved in?

And did they sign it?

Did you do a check out inventory?

Have you sent them a copy? Did you get quotes for the work that needs doing?

Imp

You stand at the beginning of a learning experience.

But from what I can tell, if you register the deposit with the DPS, and send the necessary documents to the tenants by recorded delivery, you will be fine.

As your first learning point, don't make threats to tenants about keeping the deposit, as that is no longer the landlord's perogative.

potzer

Got quotes, and signed inventory though it was unfrunished, damage was to kitchen cupbards, I've replaced them (though they are with second-hand ones)

not a member of any Landlord Association, will get onto that today.

They did not turn up for the checking out process, they just posted the keys and sent me a text, the night before. Luckily they did not do anymore damage as far as I can see.

edit.

They moved out on 19th March

sooz

When did they move out?

If it was not long ago, & you have quotes & signed inventory, I'd be inclined to protect the deposit now, as IMP suggests. Then send them the prescribed info asap by recorded delivery.

Let the deposit scheme adjudicate on the deposit.

Do you have a forwarding address for atleast one of them?

Join a LL association now (the cost of joining is tax deductable) & get further advice from them.

sooz

potzer wrote: »

They moved out on 19th March

What has happened in the mean time? That is over a month ago.

potzer

I've spoken to DPs and my deposits and they pretty much said they are unable to protect now they are no longer tenants.

potzer

sooz wrote: »

What has happened in the mean time? That is over a month ago.

I've written to them asking for payment and informed them of costs of repairs, as soon as I had a quote.

I heard nothing and sent started a online claim, then I heard back from them asking for details of deposit...

N79

Imp wrote: »

You stand at the beginning of a learning experience.

But from what I can tell, if you register the deposit with the DPS, and send the necessary documents to the tenants by recorded delivery, you will be fine.

As your first learning point, don't make threats to tenants about keeping the deposit, as that is no longer the landlord's perogative.

I do not condone what you have done but do not follow this.

If you can, immediately register the deposit with any scheme but the DPS as that way you will not have breached the schemes initial conditions. This will allow you to site Draycott v Hannells to probably avoid the 3x penalty.

potzer

N79 wrote: »

I do not condone what you have done but do not follow this.

If you can, immediately register the deposit with any scheme but the DPS as that way you will not have breached the schemes initial conditions. This will allow you to site Draycott v Hannells to probably avoid the 3x penalty.

my deposits have said they are unable too retrospectively take protection, DPS did not say no but did not seem to be able too. I'm waiting on a call back from TDS.

What case is Draycott v Hannells ?

potzer

I have also contacted their guarantor, to inform them of owed monies, in a hope that she will pay up save me going to court.