Tennent damage & i hold deposit but...

N79

Soniclord wrote: »

Therefore after reading the above I believe if you do protect it now its still too late to protect the deposit as I'm pretty certain the 14 days is up!

No - the high court reached a different conclusion in Draycott vs Hannells and ruled that failure to comply with the 14 day "rule" was not a bar to successfully defending a claim by late registration (as one solicitor but it, this is the 14 days, 2 years, whenever ruling). The High court did rule that any scheme rules had to be complied with but since the DPS has no such rules late protection is very much open to the LL.

In this case, since the OP lacks the paperwork to get the DPS to authorise a deduction there is probably no point in now protecting the deposit. The OP may as well just hand it back to the T (as without a signed inventory this is almost certainly what the DPS will do eventually).

BitterAndTwisted

Possibly, but the landlord would be entitled to withhold all of the deposit against any unpaid rent, wouldn't they? The tenant hasn't properly surrendered the property yet and may fail to do so.

Of course, the OP has declined to answer any questions asked about whether there was a fixed-term AST and I suspect that the answer would be "no" given the information already given previously

N79

BitterAndTwisted wrote: »

Possibly, but the landlord would be entitled to withhold all of the deposit against any unpaid rent, wouldn't they? The tenant hasn't properly surrendered the property yet and may fail to do so.

Of course, the OP has declined to answer any questions asked about whether there was a fixed-term AST and I suspect that the answer would be "no" given the information already given previously

I missed any mention of rent arrears. If they exist then it would be worth protecting and then claiming the deposit.

mynameisdave

diable wrote: »

There are people you could speak to that could get you your money back for the damage but you need to leave your conscience and morals out of it. I look at it that if in business you protect your interests and if someone fcuks you over you fcuk them over X 2, it may not sit pretty with most people on here but thats life if you want to survive.

Its life, if you want to end up in jail. OP knows where the LL lives (or should do if the tenancy was done properly) and has caused £8,000 of damage/rent arears. Is also using false names to take out utilities and possibly other services.

Your solution? Start messing about with them.

Quite possibly the worst solution available.

clutton_2

OP says the tenant left 4 months early - i wou ld just keep the deposit and wait for them to take you to court.... they wont... they have done a runner after putting utility bills in false names.. they are scammers....

Mark09

It is a fixed term 12 month AST contract. No agent just AST between 2 parties. BUT the AST does make reference to an agent which at the last minute was withdrawn - any loop hole here?

Someone mentioned i can still deposit into TDS - any thoughts?

Although they neer signed the Inventory i do still have before and after photos which if needed could be identified as true in court or through a TDS - yes?

Clutton - your correct they are scammers and i should play there game.

Even if i did give back the full deposit to the T, i can still take them to small caims = CCJ. CCJ's = failed credit checks for future renting