Tenancy deposit scheme dispute

jjlandlord

I disagree that he was lucky.

Rent arrears are usually the easiest thing to prove and when proven there is no discussion possible. (as opposed to proving damage and loss resulting from it).

Schemes which demand that the landlord show that it was explicitly agreed that the deposit may be used to cover arrears are not acting fairly or correctly.

anselld wrote: »

I actually think the OP may have done better in court. Sounds like the OP had sufficient to prove tenancy and £668 arrears so they could well have been awarded more than the £300 deposit.

Yes.
He can still pursue in court for the shortfall, though.

saverbuyer

anselld wrote: »

I actually think the OP may have done better in court. Sounds like the OP had sufficient to prove tenancy and £668 arrears so they could well have been awarded more than the £300 deposit. Against a court order the TDS would release the £300 leaving the L to enforce CCJ for the remaining.

No signed tenancy agreement and a landlord rent book showing cash payments.

I think they were lucky enough. I’d take it as a sign to be more professional and organised in future.

maggiecon

Yes, I have definitely learned my lesson. I should have trusted my gut instinct at the time, I felt iffy about them but they did provide references and so I didn't want to be judgemental. I later learnt the references were fake but they were already moved in so nothing I could do about it.

I am not interested in pursuing through the courts for the rest of the rent or the £2000 of damages to the property. Just glad to have the matter settled. Also I do have an emergency fund, its just hubby is self employed and had no work for the month of September and I was slightly stressed about money, but things are back on track and I do realise now that I will need to increase this fund. Another lesson learned.

I suppose I was under prepared for this, I have only ever rented to one other tenant and she rented of us for over 6 years without any problems. The whole experience has completely scarred me regards renting again LOL. It just shocks me sometime how nasty people can be.

[Deleted User]

Very glad it worked out for you as far as deposit is concerned.

We learn most when we make mistakes.., and I am sure you know what not to do again (investigate references yourself, credit check tenants, ask to see bank account records if necessary - if nothing to hide they won't mind, I certainly wouldn't). If you get a TA signed either just before they move in or on the day of moving in (no signing no moving) then you will be able to prevent no tenancy agreement being signed.

jjlandlord

maggiecon wrote: »

I am not interested in pursuing through the courts for the rest of the rent or the £2000 of damages to the property.

Well, that's very generous of you.

Pixie5740

maggiecon wrote: »

I am not interested in pursuing through the courts for the rest of the rent or the £2000 of damages to the property. Just glad to have the matter settled.

That's your right but if I were in your position I would take her to small claims court. Even though your chances of getting any money out her will probably be slim to none, I'd still go for a CCJ against her as a big warning flag for any future landlords.

maggiecon

Pixie5740 wrote: »

That's your right but if I were in your position I would take her to small claims court. Even though your chances of getting any money out her will probably be slim to none, I'd still go for a CCJ against her as a big warning flag for any future landlords.

To be honest I am so relieved to be shot of them I just want to put it behind me. I am more annoyed at myself for not following my gut instinct and ending up in this situation in the first place. I see no point in taking them to court as they are on benefits and I wouldn't see a penny. It's a stress I can do without.

However, if she insists on pursuing her spurious claim for her fall then I might reconsider...

saverbuyer

Might be an idea to in future get the LHA paid directly into your account. It would have avoided the arrears unless they had to topup.

corbyboy

To be fair to the earlier posters the information you gave them was incomplete. You said there was no tenancy agreement but then it turns out there was one, it just wasn't signed.