returning deposit when rent owed

molly22

hopefully my tenants are vacating my property tomorrow.

i have agreed to return their deposit to them even though they are leaving half way through a six month tenancy and owe rent for the first 3 months

am i mad?
i just want them out so i can find a nice, rent paying tenant

sandsni

I can relate to that sentiment entirely, but maybe I'm a bit mad too ;-) Sometimes it's easier just to cut your losses and move on.

maintenanceman

No you are not mad. If the accept and agrre to leave, and you want them out then great. It is really important that you get an independent witness or have a physical record like a video recording that the deposit has been returned as there are some lowlife distainfull people who will lie through their teeth if they think that they can get some money for free.

[Deleted User]

You were mad when you chose not to protect the deposit, which put you on the wrong side of the law!

If you upset your (soon to be ex) tenants and as a result they decide to contact the citizens advice bureau, visit a website like this one or search a site like shelter.org.uk they will find out that they can claim up to 3x the deposit from you. If they do that you'll double your losses!

You need to return the deposit to mitigate your losses. No, they don't "deserve" to get their deposit back but that's what happens when you choose to break the law.

penthouse89

citricsquid wrote: »

You were mad when you chose not to protect the deposit, which put you on the wrong side of the law!

If you upset your (soon to be ex) tenants and as a result they decide to contact the citizens advice bureau, visit a website like this one or search a site like shelter.org.uk they will find out that they can claim up to 3x the deposit from you. If they do that you'll double your losses!

You need to return the deposit to mitigate your losses. No, they don't "deserve" to get their deposit back but that's what happens when you choose to break the law.

He may have protected it... Hasn't said he didn't.

terryw

penthouse89 wrote: »

He may have protected it... Hasn't said he didn't.

See other threads by OP. Unfortunately deposit not protected.

ViolaLass

I believe in practice tenants are not being allowed to claim 3x deposit once the tenancy is over, only during, so if the OP keeps quiet (IF s/he has not protected it) then keeps it, I would have thought they would be fine, given how much rent is owed. The tenants would struggle to have a leg to stand on.

thesaint

ViolaLass wrote: »

I believe in practice tenants are not being allowed to claim 3x deposit once the tenancy is over, only during,

The tenant has 6 years to bring a claim.

marliepanda

Not sure why you keep starting new threads with the important information missing.

You have to return the deposit otherwise you legally could not start eviction proceedings. You are not mad you are doing what is your legal obligation.

They are also leaving because you have asked them too! You've actually got pretty lucky

ViolaLass

thesaint wrote: »

The tenant has 6 years to bring a claim.

But there have been cases that have been rejected because the tenancy was over.

G_M

ViolaLass wrote: »

But there have been cases that have been rejected because the tenancy was over.

You are out of date.

The Localism Act was implemented in April 2012 from when tenants have been able tomake claims even after the tenancy has ended.

See

Localism Act 2011 (section 184 - updates to deposit scheme rules) Plain English explanation!