Help! Issues with a deposit!

Teri45

I did check the tenants British passport as well

theEnd

You've done wrong, but returned the deposit in full.

I can't imagine a court would penalise you more than 1x.

Also, you're then entitled to sue them for the damages you couldn't take out of the deposit.

rtho782

Teri45 wrote: »

I didnt provide an EPC but I did have a gas safety check done about half way through the tenancy. I didnt give them a copy of the one in place when they moved in. I didn't use any agent, I just did it myself, which in retrospect seems to have been stupid.

I just advertised on openrent and went from there.

The deposit was £600, so I'm looking at £1800 if they go for 3x? Is it likely to be 3x given that I haven't given other details?

Well the other issues are also breaches of regulation but they are separate. I guess it doesn't cast you in a good light really, but who knows. It could be more than £1800, as it could also be their costs. They could have a solicitor who might add on another £2000. You really really really need to settle. There is no way you will WIN in court, it's just a question of how much you will pay.

Teri45 wrote: »

I did check the tenants British passport as well

Well at least the home office won't be after you as well then.

rtho782

theEnd wrote: »

You've done wrong, but returned the deposit in full.

I can't imagine a court would penalise you more than 1x.

Also, you're then entitled to sue them for the damages you couldn't take out of the deposit.

I would say the same except that he only returned the deposit when pressured over his failure to protect it, and there are a catalogue of other issues here with EPCs and gas certs etc. This might annoy the judge.

Added to that, if the claimant has a solicitor, that minimum £600 could be £600+Costs, and costs could be quite a bit.

You are entitled to sue them for damages of course, but that is a separate case, and you will need pretty conclusive evidence of damage rather than wear and tear (before and after photos at a minimum). If the tenant has no or few assets, you might struggle to recover.

Pixie5740

rtho782 wrote: »

I would say the same except that he only returned the deposit when pressured over his failure to protect it, and there are a catalogue of other issues here with EPCs and gas certs etc. This might annoy the judge.

Added to that, if the claimant has a solicitor, that minimum £600 could be £600+Costs, and costs could be quite a bit.

You are entitled to sue them for damages of course, but that is a separate case, and you will need pretty conclusive evidence of damage rather than wear and tear (before and after photos at a minimum). If the tenant has no or few assets, you might struggle to recover.

I don't think the tenants could claim solicitors fees if they choose to use a solicitor and the OP could counter sue for the deductions (s)he would have made if (s)he had protected the deposit.

Pixie5740

OP you've been caught with your pants down and you're into damage limitation territory. Your choices are to reach a full and final settlement with your former tenants, say 1 to 2 times the value of the deposit, or take your chances and risk the tenant taking you to court. Ignorance is no defense of the law and whilst you might get a sympathetic judge (s)he will be compelled to award the tenant 1 to 3 times the value of the deposit because that's what the law says the judge must do.

Are you still letting property? If so read G_M's Guide to Tenancies in England & Wales to help keep you right.

Teri45

there were deductions I wanted to make from the deposit, however I think it'd come down to my word against theres as neither I or the tenant did any kind of inventory. To be honest this is all spiralling now and its looking worse than I initially thought

Pixie5740

Teri45 wrote: »

there were deductions I wanted to make from the deposit, however I think it'd come down to my word against theres as neither I or the tenant did any kind of inventory. To be honest this is all spiralling now and its looking worse than I initially thought

Forget the counterclaim then because you have no evidence to back it up. Make a full and final offer of £600 and hope that's the end of the matter.

tom9980

Pixie5740 wrote: »

Forget the counterclaim then because you have no evidence to back it up. Make a full and final offer of £600 and hope that's the end of the matter.

And then sell the property because you op are not cut out to run a knees up in a brewery.

need_an_answer

Surely this is some kind of wind up.

No LL goes into business not registering a deposit,not providing essential paperwork and safety check information, and then wants to make deposit deductions based on an inventory that's never even been completed.

Sheer madness.

OP are you still in the rental business going forward?