Landlord deposite

lynzpower

G_M Ill let you explain, Im so incensed I cant actually believe my own eyes. In london as well! You must love the chaos & drama on the edge.

I take it you let the property yourself without a letting agent?

G_M

It's all here. I dread to think what other aspects of your responsibilities you've ignored!

read this too before you re-let the property.

lynzpower

Landlords or agents must use one of the three approved TDP schemes to protect tenants' deposits where these conditions apply. If any other scheme is used, deposits are not protected in law. The three approved schemes are:

• Deposit Protection Service (DPS)
• MyDeposits
• Tenancy Deposit Scheme (TDS)

If you don't protect your tenants' deposits when required to, your tenants can take you to court and you may have to repay them their deposit plus three times the amount of their deposit. You will also be unable to seek possession of your property in certain circumstances.
The schemes:

• encourage landlords and tenants to draw up clear tenancy agreements
• provide a free service to resolve disputes

Just to clarify in case the OP missed this vital element

Wee_Willy_Harris

Give your tenants their deposit back... Every penny.... and get a receipt for it. Look on this a very cheap lesson in just one aspect of LL/T law.

DVardysShadow

on_the_edge41 wrote: »

Can I just say that the Stereo is CD Player Radio all combined ? No I never heard of the
3 X deposited rule either - enlighten me please. I do have photos of before and after ?

Start with this http://en.wikipedia.org/wiki/Tenancy_Deposit_Scheme and google 'Tenancy Deposit Scheme' for more.

Basically if your tenant gets switched on about this, they could take you for 3 times the deposit. What is more, if they came on here, we would be urging them on.

It could be cheaper for you to settle at £100 deductions and leave it at that.

Wee_Willy_Harris

DVardysShadow wrote: »

Start with this http://en.wikipedia.org/wiki/Tenancy_Deposit_Scheme and google 'Tenancy Deposit Scheme' for more.

Basically if your tenant gets switched on about this, they could take you for 3 times the deposit. What is more, if they came on here, we would be urging them on.

It could be cheaper for you to settle at £100 deductions and leave it at that.

To clarify, the three times deposit is a penalty, so the deposit would also still need to be dealt with. It's potentially FOUR times the deposit.

lynzpower

Just to clarify- that is 3x the deposit PLUS the original deposit. - so in total 4x the deposit. In london that is a substantial amount of money I guess. If my LA/ LL did this then my 925.00 deposit would turn into 3700.00 smackaroonies. Not a bad way for a tenant to make a few bob out of a landlord who chooses to flout the law!

Its also my understanding you cannot take for damage either- although I think this is a debatable point? Do other more experienced MSers agree that the OP cannot in fact make deductions from a deposit that he has not protected? i guess unless he has written agreement from the tenant. If the tenant is not happy and in agreement with this, I cant see how the OP can make any deductions?

G_M

The LL could still claim deductions. I have no experience of this, but suspect the judge would start out from a position of having little sympathy with a LL who had flouted the law, so would require a lot of persuading.........

Gwhiz

OP says there are pictures but no mention of whether there is a signed inventory. Pictures alone prove nothing.

Marvel1

As another said, as it wasn't protected and you ignored the law, return the full depoist, and don't make the same mistake twice and count yourself lucky.