forgot to pay money into deposit scheme

badstart

thank you so much G_M for the clarification!
I will return the deposit in full then and write an apology/explanation - should I mention anything in particular to be cover?

re. taking the deposit later on, eg. at the beginning of the next 6 months, why does it need to be a different tenancy?

thanks again

G_M

badstart wrote: »

thank you so much G_M for the clarification!
I will return the deposit in full then and write an apology/explanation - should I mention anything in particular to be cover?

re. taking the deposit later on, eg. at the beginning of the next 6 months, why does it need to be a different tenancy?

thanks again

1) nothing special in the letter - the important things here are
a) the deposit is returned and
b) the LL/tenant relationship is kept sweet!
Why not ring them first and explain over the phone? A friendly chat, apology "should have done it, just forgot, sorry, will send deposit back..." then follow up with letter and cheque?

2) It's a grey area and I'm not sure. I just have this feeling that if, within a single tenancy, you
i) take a deposit
ii) fail to register
iii) return the deposit
iv) re-take the deposit
v) register
you might be laying yourself open legally to manipulating the rules.

I mean, if you returned it today, then requested and took a new deposit tomorrow, I think a court would take a dim view.

Same might apply if taking a deposit at tenancy renewal after 6 months. Note the term 'renewal'. Same tenancy but new fixed term.

But if the rent has changed (eg £1 more? or less?) then it is legally a different tenancy!

badstart

many thanks again G_M

1) I guess my question re. the letter is - if I say 'here is your deposit back', I will be implying that I did get a deposit and didn't pay it in a scheme, could the tenant use that against me somehow later on?

If the deposit is returned, I have no protection against damage, correct?

2) When would you say that I could suggest to make a minor change to tenancy and request a new deposit?

thanks!

G_M

badstart wrote: »

many thanks again G_M

1) I guess my question re. the letter is - if I say 'here is your deposit back', I will be implying that I did get a deposit and didn't pay it in a scheme, could the tenant use that against me somehow later on?
well they can anyway! They know they paid it (& presumably have proof); they know you have not provided the 'Prescribed Information' in 30 days; They can easily check the 3 schemes and see it is not protected - you are vulnerable. Your only protection is to return it.

If the deposit is returned, I have no protection against damage, correct? you can still make claims against them and if they refuse to pay, you can use the Small Claims Court

2) When would you say that I could suggest to make a minor change to tenancy and request a new deposit?

thanks!

When the fixed term is about to expire. Offer a new fixed term.

badstart

thanks G_M

this might sound very daft, but what proof will I have that I returned the deposit?

agrinnall

Get them to sign for it - I would suggest you take a cheque to the property and hand it over in person in return for an acknowledgement that it is a return of the deposit previously paid.

badstart

agrinnall wrote: »

Get them to sign for it - I would suggest you take a cheque to the property and hand it over in person in return for an acknowledgement that it is a return of the deposit previously paid.

no that I think about it, there was no written acknowledgement that they paid the deposit! :doh:

G_M

badstart wrote: »

no that I think about it, there was no written acknowledgement that they paid the deposit! :doh:

* How did they pay? Cheque? (traceable); Bank transfer? (traceable). Only cash without receipt is untreacble.

* Does the tenancy agreement state a deposit is payable? If so, and you permitted the tenant access, the strong implication is.... they paid the depsoit!