can a tenant demands deposit in cash

Funky_Bold_Ribena

cozzyman wrote: »

hi all
Sorry if this has been covered before i'm in n.ire (ie no deposit scheme) i've a tenant thats leaving the property 3 months early in his contract (happy with this) but refuses cheque or bank transfer for refund of his deposit and only wants cash in hand. I've always prefered chx or bt as better for tracing in case of disputes.

Can he demand cash refund?

He paid cash into account of agency that found me this tenant who then bank transferred it to me.
Also he seems to be refusing to leave until he gets it and is now into a period of unpaid time in the house, some damage has been done to the house which he's denying, possibly more as haven't done a full inspection as he hasn't left the property yet.

thanks for any help and advice

Does it matter to you?

Tell him that once he vacates, you will inspect, and return any deposit due to him after taking out costs plus the unpaid rent that is starting to rack up now within the necessary allowance for return of deposit is x days.

And then give him the cash, after he signs to say he has received it.

thesaint

tim123456789 wrote: »

In in the rues for deposits

you can google for it as easily as anybody else

tim

Glad I checked Google as you suggested.
What you have said is completely non-factual.

cozzyman

that being the case i suspect he'll sit his ground in the house not paying any rent for a month and in his mind get his deposit back in rent.
Even if i had letter (21) for eviction today he gets one month notice to leave as i understand it then i'm left with repairing damages out of my own pocket and taking him to small claims court for reimbursement am i right?
In that case what's my best course of action?

Funky_Bold_Ribena

cozzyman wrote: »

that being the case i suspect he'll sit his ground in the house not paying any rent for a month and in his mind get his deposit back in rent.
Even if i had letter (21) for eviction today he gets one month notice to leave as i understand it then i'm left with repairing damages out of my own pocket and taking him to small claims court for reimbursement am i right?
In that case what's my best course of action?

Tell him the cash is waiting for his vacation of the premises and you are available tomorrow for checkout and inspection with the cash in your hand.

thelem

theartfullodger wrote: »

& you said Sort of but not exactly: I believe the 10 days comes from Schedule 10 4(3)(b) of Housing Act 2004./...
http://www.legislation.gov.uk/ukpga/2004/34/schedule/10

- ie 10 days for the scheme administrator to repay after LL/T have responded...

£10 to an agreed housing charity Tim if you can find any extant law or regulation governing deposits in England requiring a Landlord to return deposit within 10 days.

Another £10 likewise for NI legislation... (which only came in 1st April 2013...)

I believe the 14 days figure comes from Schedule 10 4B (2) and strictly speaking it's just the date at which you can start the dispute resolution process - there's no penalty for not returning the deposit by that date.

I was under the impression that the localism act 2011 had reduced this to 10 days, but I can't find that change.
http://www.legislation.gov.uk/ukpga/2011/20/part/7/chapter/6/crossheading/tenants-deposits

I guess you could say 10 WORKING days is usually the same as 14 days, but I don't know why you wouldn't just say 14 days.