Help! Issues with a deposit!

Teri45

I didnt really look into anything and just held the deposit separately. I obviously didn't do my research but to be honest I never imagined the punishments would be this extreme.

Is it not acceptable that I had a gas safety check done during the tenancy or did I have to provide the certificate at the beginning?

I realise this is a mess (and I dont plan on letting again!) but I just want to minimise the damage really. Would a solicitor be able to help?

david1951

Teri45 wrote: »

Would a solicitor be able to help?

A solicitor will probably cost more than whatever settlement figure you end up with.

Pixie5740

Teri45 wrote: »

I didnt really look into anything and just held the deposit separately. I obviously didn't do my research but to be honest I never imagined the punishments would be this extreme.

Is it not acceptable that I had a gas safety check done during the tenancy or did I have to provide the certificate at the beginning?

I realise this is a mess (and I dont plan on letting again!) but I just want to minimise the damage really. Would a solicitor be able to help?

The tenant can't sue you for not providing them with a copy of a gas safety certificate. The worst they could do is report you to HSE but there is no financial gain for the tenant in doing that so I doubt the will. Besides the worst you'd probably get is a wrap on the knuckles.

How do you think a solicitor will improve your situation? You've been told the law states the judge must award the tenant between 1 and 3 times the value of the deposit when the landlord fails to protect the deposit within 30 days. Even if you hired Rumple of the Bailey that wouldn't change.

Marvel1

rtho782 wrote: »

Teri45 wrote: »

I didn't use any agent, I just did it myself, which in retrospect seems to have been stupid.

However even if you did, and the agent did not protect it, it's still your responsibility to know and follow the law etc and the tenant would claim from you.

tom9980

Teri45 wrote: »

I didnt really look into anything and just held the deposit separately. I obviously didn't do my research but to be honest I never imagined the punishments would be this extreme.

Is it not acceptable that I had a gas safety check done during the tenancy or did I have to provide the certificate at the beginning?

I realise this is a mess (and I dont plan on letting again!) but I just want to minimise the damage really. Would a solicitor be able to help?

Waste of time.

Offer 1x the deposit in full and final settlement. Hopefully they agree, if they dont wait for court paperwork and offer more during mediation appointment, if they use MCOL the costs should only be £60 or so at that point, i would expect the mediator to advise them to agree to 2x deposit. I doubt a judge would award 3x deposit because you gave the original deposit back.

Teri45

what is the penalty or ramifications of not providing an epc?

so i'm looking at -
- 1x to 3x the deposit being paid back
- not being able to claim anything back as i didnt do an inventory
- being reported to HSE for the gas certificate
- potential court fees if i lose in court

I'm up a creek without a paddle here arent i

Pixie5740

It's almost as if you haven't read the information in the link I provided earlier. :whistle:

HampshireH

I would probably stop posting. Your "switched on" tenant's are probably reading every word and collecting their list of issues from the ones you are providing on the forum.

If they are reading, or did infact get their 1-3x advice from here..... then you are supplying them and their solicitor with the ammunition they need to keep this claim alive and kicking.

There are lot of posts from tenants in this situation.... may be worth a search on the forums to see if any sound familiar to you

G_M

You have been very niaive.

On the one hand, the fact that the deposit has been returned in full might well lead the judge to award you the minimum penalty - 1 times the deposit.

But if the tenant mentions the other failures, the judge is likely to take a dim view and increase the penalty. At the start of the tenancy, the law requires you to provide:

* government leaflet "how to rent"
* EPC (min E rating)
* Gas Safety Certificate if there's gas
* Smoke detectors on each floor
* CO alarm if there's solid fuel heating

plus

* check tenants' immigration status.
* furniture - certified fire-resistant
* electrics & electrical appliances - safe.
* Security deposit - registered & 'Prescribed Information' provided within 30 days of receipt. Failure has serious consequences. Never rely 100% on an agent.
* HMOs - special rules: check local council.

As pixie suggested earlier, if you are still letting, read

* New landlords: advice, information & links