returning deposit when rent owed

ViolaLass

G_M wrote: »

You are out of date.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!

My mistake, I thought I was up to date. Thanks for letting me know.

Werdnal

molly22 wrote: »

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

No! Not mad, just in breach of tenancy deposit protection and have no choice but to return the tenant's money and hope they don't sue you.

Why have you started yet another thread on this when all the relevant information and other advice you have received is well documented in the 2 other threads you have running on the same sorry saga!

Your tenants sound like they are leaving, willingly and without making a fuss - just hope they don't cotton on to the fact that they can still sue you for non-protection - even up to 6 years after they've gone.

dimbo61

At the same time if the tenants have never paid any rent could the OP take the tenants to the small claims court for none payment of rent ?

Werdnal

Of course OP can claim for rent, but this could equally prompt tenants to claim for non-protection penalty.

Whilst its annoying that tenants behave like this, had OP adhered to the full legal obligations of being a landlord, I would advise them to sue the pants of their non-paying tenants. As it is, I am not sure whether anyone would actually be better off if it turned into a tit-for-tat claim, so OP probably better putting this down to experience, writing off the lost rent and getting on with being a legally adherent, efficient and profitable landlord with their next lot of tenants!