Tenant claiming x6 deposit

NewShadow

I've got a friend at work that's having a bit of trouble.

I've been hearing the tail in bits and pieces over the last few months, so I'll try and break it down (apologies in advance that I'm very poor at being concise).

He got a transfer/promotion to here from where he used to work, but it wasn't permanent so he decided to rent his house and rent a house here.

He's a nice bloke, and never experienced renting before so made a bit of a hash of being a LL - no deposit protection, but repairs done, alarms tested, boiler tested.

After many sob stories it seems his tenants owe him around a 6 month rent - dad died, husband left, so on

After trying to sort himself and being led about the bush, he hired a solicitor to help him evict so he can move back into the house (is within a long commute). Was advised to return the deposit, issue a s21 & S8, go to court.

After some back and forth agreed to take deposit money off rent owed (have a written agreement of this I understand).

After the first hearing in court, he requested possession based on the remaining £4000ish arrears. Tenant defended based on lack of protection and claimed x6 deposit (it was an AST that moved on to a periodic and she claims it should have been protected twice).

It's been adjourned until the end of feb, with still no rent being paid.

Rent is £1200 per month, deposit was the same.

He keeps asking me for advice/reassurance, basic question - what should he do/expect?

Pixie5740

If your friend is going to continue you letting his property out he should join a landlord association so he can keep abreast of his legal responsibilities. Being an "accidental" landlord doesn't mean that he's exempt from housing law and makes him ripe pickings for professional tenants as he's finding out.

He should also read G_M's guides for New Landlords and [URL="Http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6"]Ending ASTs[/URL].

I've never heard of a tenant getting 6 times the deposit as compensation before. 1 to 3 times is the law as fas as I know.

Your friend has engaged a solicitor so he just needs to follow his solicitor's advice.

Edit: I should also add that your friend can start pursuing the tenant for arrears now through the small claims court. He doesn't have to wait until the tenant has been evicted.

anselld

Pixie5740 wrote: »

I've never heard of a tenant getting 6 times the deposit as compensation before. 1 to 3 times is the law as fas as I know.

Nice try though! SPT is a new tenancy after fixed term so LL has committed at least four offences.... non-protection x2 and not issuing PIs x2. Surprised they didn't try for 12x deposit :eek:

princeofpounds

I suspect, given that the tenants are in deep arrears and the deposit was returned voluntarily, that the penalties will be towards the lower end of the range, if not the lowest possible.

But I have not heard of 'stacked' non-protection cases before, so I am not sure how many can be pursued at once.

If he is lucky, the rent owing and the penalties will offset.

Whilst I feel sorry for him on the rent arrears, he should have protected the deposits. It's the law.

AdrianC

They can claim a life-size gold-plated Giraffe, if they like.

They won't get it, but they can try.

theEnd

princeofpounds wrote: »

I suspect, given that the tenants are in deep arrears and the deposit was returned voluntarily, that the penalties will be towards the lower end of the range, if not the lowest possible.

^ this

Sounds like a few mistakes have been made, but the courts are very unlikely to impose the maximum, let alone x6.

Gonzo1987

Pixie5740 wrote: »

I've never heard of a tenant getting 6 times the deposit as compensation before. 1 to 3 times is the law as fas as I know.

If that were the case, I renewed my AST each year for 4 years with no protection or PI..I'd be laughing!

jjlandlord

Arrears have nothing to do with deposit protection, though.

jamie11

Since the law only allows for 1-3x deposit as a penalty then I don't believe any more could be awarded in any one case. There would need to be separate claims for each misdemeanor.

derbyshirenick

Indeed they do have a valid claim.

I once had three fouls where the original deposit was not protected and lost at the hands of a dodgy LA. It was then not protected when it fell into a private let after LA1 went bust and then again when it went onto a new contract with another LA. I was advised by the DPS that I can claim 9x for the three fouls.

Me, not being a **** I did not pursue this. I just made it clear that I was entitled to try and claim it so that I had some fodder to negotiate a slightly complex exit.

jamie11

derbyshirenick wrote: »

Indeed they do have a valid claim.

I once had three fouls where the original deposit was not protected and lost at the hands of a dodgy LA. It was then not protected when it fell into a private let after LA1 went bust and then again when it went onto a new contract with another LA. I was advised by the DPS that I can claim 9x for the three fouls.

Me, not being a **** I did not pursue this. I just made it clear that I was entitled to try and claim it so that I had some fodder to negotiate a slightly complex exit.

Even so, each failure to protect would have had to be a different court case.