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Deposit not put in a TDP

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  • saajan_12
    saajan_12 Posts: 5,132 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 29 April 2020 at 10:20PM
    So a bit of an update.

    Brother and the flatmate decided to go with the solicitor who sent a request for £16,000. The landlords/company have come back offering £5,000. Brother was happy with this as it was £500 quid extra (after NWNF) for no effort really. Flatmate has pushed back so they are going back to the company for more.
    If the solicitor was claiming 9x deposit penalty plus the original deposit, at £16k, I guess the deposit was around £1778? The solicitor is completely wrong, the most they could get based on the facts you've presented is 3x deposit which would be £5333, so the LL's offer looks super close to the mark - seems crazy to roll the dice for £300. Also how does brother end up with just £500? Solicitor's 29% cut of the £5k would be £1450, leaving  £1775 a piece if split equally. 

    Maybe easier if you clarify what the original deposit was.. 

    Edit: actually does the solicitor's claim combine the penalty + original deposit return? Then The LL's offer is original deposit + 2.1x penalty, which is exactly what I'd expect the court to do, so still don't see the point in refusing the offer. Whether you'd have achieved the same thing without the solicitor and valued the time the same, is a different issue.  
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    saajan_12 said:
    So a bit of an update.

    Brother and the flatmate decided to go with the solicitor who sent a request for £16,000. The landlords/company have come back offering £5,000. Brother was happy with this as it was £500 quid extra (after NWNF) for no effort really. Flatmate has pushed back so they are going back to the company for more.
    If the solicitor was claiming 9x deposit penalty plus the original deposit, at £16k, I guess the deposit was around £1778? The solicitor is completely wrong, the most they could get based on the facts you've presented is 3x deposit which would be £5333, so the LL's offer looks super close to the mark - seems crazy to roll the dice for £300. Also how does brother end up with just £500? Solicitor's 29% cut of the £5k would be £1450, leaving  £1775 a piece if split equally. 

    Maybe easier if you clarify what the original deposit was.. 

    Edit: actually does the solicitor's claim combine the penalty + original deposit return? Then The LL's offer is original deposit + 2.1x penalty, which is exactly what I'd expect the court to do, so still don't see the point in refusing the offer. Whether you'd have achieved the same thing without the solicitor and valued the time the same, is a different issue.  
    I agree with your edit, that's what it seems like to me too.
  • Apologies for the delay in update, so the landlords have come back and offered 9k.

    Both little brother and I thought this a very fair amount, however his friend and the solicitor have decided to push further. They reckon they can get at least £12k from them.

    I do have a slight bias to him just taking the money, in that I lent the deposit to him and would like it back now so I can pay off my student loan now.
    Mortgage £75,300 (December 2016) Mortgage Free Date December 2051

    Mortgage Free Date 2nd August 2024
  • saajan_12
    saajan_12 Posts: 5,132 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    How much was the original deposit? And the split between the housemates' contributions?
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