TDS - letter from tenant

landlorduk

Advice required.

Background
The tenant had previously had a dispute about part of their deposit which we resolved through the TDS.

New letter
In the meantime I just got a letter from the said former tenant (left my property within the last 3 months). The letter states that I did not register their deposit within the 30 days of them paying it, nor did I provide them with the relevant information until over 60 days after they paid their deposit. They state I need to pay a penalty of between 1 - 3 times the deposit.

I lodged the deposit within 42 days, but only sent the information after 60 days.

Please can you advise what I should do? Pay or fight it? How much should I pay them?

Comms69

So you didn't protect with-in 30 days?


You will lose, you will owe a MINIMUM of 1x the deposit and court fees.


It's unlikely a court would go higher given the lapse was 12 days only.


I would offer 1x the deposit as F&F settlement.

landlorduk

Comms69 wrote: »

So you didn't protect with-in 30 days?


You will lose, you will owe a MINIMUM of 1x the deposit and court fees.


It's unlikely a court would go higher given the lapse was 12 days only.


I would offer 1x the deposit as F&F settlement.

I should give context, an agency found me the tenant.

The tenant paid the agency the deposit. However, I managed the property and the deposit was paid to me by the agency. It was paid to me 30 days after the tenant paid the agent.

However, I should have registered it on that day - but didnt get round to doing it until another 12 days. Technically I did pay it within 30 days of me getting it.

Pixie5740

landlorduk wrote: »

Advice required.

Background
The tenant had previously had a dispute about part of their deposit which we resolved through the TDS.

New letter
In the meantime I just got a letter from the said former tenant (left my property within the last 3 months). The letter states that I did not register their deposit within the 30 days of them paying it, nor did I provide them with the relevant information until over 60 days after they paid their deposit. They state I need to pay a penalty of between 1 - 3 times the deposit.

I lodged the deposit within 42 days, but only sent the information after 60 days.

Please can you advise what I should do? Pay or fight it? How much should I pay them?

If it gets to court it's a slam dunk for your former tenants. The only question is how much a judge will award them, 1, 2 or 3 times the value of their deposit plus I think the court costs can be awarded against you as well.

As Comms69 suggests offering a full and final settlement equal to 1 x the deposit might the the least expensive option for you.

Read G_M's Deposits: payment, protection & return for further information.

Pixie5740

landlorduk wrote: »

I should give context, an agency found me the tenant.

The tenant paid the agency the deposit. However, I managed the property and the deposit was paid to me by the agency. It was paid to me 30 days after the tenant paid the agent.

However, I should have registered it on that day - but didnt get round to doing it until another 12 days. Technically I did pay it within 30 days of me getting it.

That is irrelevant and it is not a technicality. Your letting agent is just that, your agent, they are you and the deposit should have been protected within 30 days of you/your agent receiving the deposit from the tenant.

Your letting agent was cutting a bit fine so you could always try suing the letting agent but you did have the opportunity to protect the deposit within the required timescale you just didn't for whatever reason.

Comms69

landlorduk wrote: »

I should give context, an agency found me the tenant.

The tenant paid the agency the deposit. However, I managed the property and the deposit was paid to me by the agency. It was paid to me 30 days after the tenant paid the agent.

However, I should have registered it on that day - but didnt get round to doing it until another 12 days. Technically I did pay it within 30 days of me getting it.

That is literally irrelevant. You should've chased your agent sooner. Sorry but the law is very clear and has existed long enough for any competent landlord to know about it.

Red-Squirrel_2

landlorduk wrote: »

However, I should have registered it on that day - but didnt get round to doing it until another 12 days.

Well you won't make that mistake again!

bouicca21

I think it might be worth getting some legal advice. Technically you are guilty, but given that there have already been proceedings through TDS, and presumably it is several months since the tenants left, I think the delay in starting proceedings might lead a judge to conclude that the tenants are being vexatious. Plus the TDS arbitration might be thought to conclude all possible actions.

Of course if TDS found in the tenants' favour and that your claims were a bit dodgy then the judge might think differently.

theartfullodger

You are responsible: That there is an agent doesn't change this. If you suffer a loss due to agent failing in their contract/terms-of-business (check them) you may then (ie after tenant gets his penalty for landlord flouting the law, a law passed twice by parliament, originally over 10 years ago, 2nd time when landlords whined that the 14 days was too hard for them & they needed longer.. and they still get it wrong, breaking the law..) sue agent. Good luck with that.

I would offer the tenant 1xdeposit plus £1.

Pixie5740

bouicca21 wrote: »

I think it might be worth getting some legal advice. Technically you are guilty, but given that there have already been proceedings through TDS, and presumably it is several months since the tenants left, I think the delay in starting proceedings might lead a judge to conclude that the tenants are being vexatious. Plus the TDS arbitration might be thought to conclude all possible actions.

Of course if TDS found in the tenants' favour and that your claims were a bit dodgy then the judge might think differently.

Again, it is not a technicality. The OP is guilty of protecting the deposit late. The motivation of the former tenants is irrelevant. The fact that the return of the deposit has been dealt with through TDS is irrelevant. The fact the tenants left several months ago is irrelevant since the tenants have 6 years from the end of the tenancy to take action against the OP.

The law is clear and therefore whether the judge likes it or not (s)he will be compelled to make an award against the OP.

Comms69

bouicca21 wrote: »

I think it might be worth getting some legal advice. Technically you are guilty, but given that there have already been proceedings through TDS, and presumably it is several months since the tenants left, I think the delay in starting proceedings might lead a judge to conclude that the tenants are being vexatious. Plus the TDS arbitration might be thought to conclude all possible actions.

Of course if TDS found in the tenants' favour and that your claims were a bit dodgy then the judge might think differently.

On what basis are you making this claim? The statute of limitations is 6 years. Waiting a few months is very common.


The TDS does not arbitrate the statutory penalties.


I really think you should do some research.