Tenants haven't paid the deposit and refuse to do so

Jimmygg7

My tenants haven't paid the deposit, which is my bad because I thought they had a contract with Reposit. It turns out that they didn't. I asked them to pay the deposit of 5 weeks' worth in Jan, and they never got back to me.

I explained to them the reasoning behind the deposit in lengthy emails, how it protects both sides and it's secured by a third party and gave them tips on how to leave the property come the end of the tenancy to guarantee they will get it back.

Now they bluntly refuse to pay the deposit, because they're afraid that I will keep it. They're asking me for a reference for their next tenancy which I obviously refused to provide as long as the deposit remains unpaid (they're students).

I've had enough of this back and forth, can I evict them somehow on that grounds? The tenancy ends end of August.

theartfullodger

Does tenancy state there is a deposit?  If so then you've acknowleged  that there is and need to return it. (Yes I realise you never received it).

Of course you can provide a reference.  Come on, grow * ****.  Just provide a full, honest one.  Of course that might mean they never move out....

Why any landlord permits tenants to move in without all (ALL!) paperwork done plus rent and deposit paid is beyond me.  Why did you, please?

Such a shame that tenants don't require references from previous tenants about their landlords....

Artful: Landlord since 2000

user1977

I doubt any eviction process will get them out any earlier the end of August anyway.

Jimmygg7

theartfullodger said:

Does tenancy state there is a deposit?  If so then you've acknowleged  that there is and need to return it. (Yes I realise you never received it).

Of course you can provide a reference.  Come on, grow * ****.  Just provide a full, honest one.  Of course that might mean they never move out....

Why any landlord permits tenants to move in without all (ALL!) paperwork done plus rent and deposit paid is beyond me.  Why did you, please?

Such a shame that tenants don't require references from previous tenants about their landlords....

Artful: Landlord since 2000

As I said, a miss.

It's not that I can't provide a reference, it's that I won't. The tenants haven't done their part, I won't do mine, simple as that.

Also, if they're so sure that they will leave the property in good order, they shouldn't be afraid of losing their deposit. So, if anything, that makes me worry of the opposite.

In the TA it states that they will go with Reposit, but they never did.

Jimmygg7

user1977 said:

I doubt any eviction process will get them out any earlier the end of August anyway.

That's true actually, good point.

warby68

Students at the end of the academic year? They may well not be able to find the money for their next shop never mind 5 weeks rent as deposit.

I doubt you're going to get anywhere quickly going legal and they may well be gone before end of August anyway. 

If you want them to leave of course you'll provide a reference. 

housebuyer143

It's taken you a year almost to realise you have no deposit, and now you are expecting them to give it to you, so you can literally inspect the property in the next month or two and then probably make deductions. 
Look at it from their point of view, of course they don't want to pay it. The last loan payment was probably received more than a month ago and they must likely have spent it so don't have it.

This is partly your fault for not doing your diligence earlier. Give them the reference or they might trash the house on purpose in order to make a similar point.  

CurlySue2017

Jimmygg7 said:

My tenants haven't paid the deposit, which is my bad because I thought they had a contract with Reposit. It turns out that they didn't. I asked them to pay the deposit of 5 weeks' worth in Jan, and they never got back to me.

I explained to them the reasoning behind the deposit in lengthy emails, how it protects both sides and it's secured by a third party and gave them tips on how to leave the property come the end of the tenancy to guarantee they will get it back.

Now they bluntly refuse to pay the deposit, because they're afraid that I will keep it. They're asking me for a reference for their next tenancy which I obviously refused to provide as long as the deposit remains unpaid (they're students).

I've had enough of this back and forth, can I evict them somehow on that grounds? The tenancy ends end of August.

So because you got things wrong and have not bothered to correct them, you now want to punish / evict the tenants?

Roll on the new S21 legislation.......

This is a perfect example of why it is needed

housebuyer143

CurlySue2017 said:

Jimmygg7 said:

My tenants haven't paid the deposit, which is my bad because I thought they had a contract with Reposit. It turns out that they didn't. I asked them to pay the deposit of 5 weeks' worth in Jan, and they never got back to me.

I explained to them the reasoning behind the deposit in lengthy emails, how it protects both sides and it's secured by a third party and gave them tips on how to leave the property come the end of the tenancy to guarantee they will get it back.

Now they bluntly refuse to pay the deposit, because they're afraid that I will keep it. They're asking me for a reference for their next tenancy which I obviously refused to provide as long as the deposit remains unpaid (they're students).

I've had enough of this back and forth, can I evict them somehow on that grounds? The tenancy ends end of August.

So because you got things wrong and have not bothered to correct them, you now want to punish / evict the tenants?

Roll on the new S21 legislation.......

This is a perfect example of why it is needed

I think as they are students they are probably leaving anyway and they are not being evicted.

CurlySue2017

Jimmygg7 said:

My tenants haven't paid the deposit, which is my bad because I thought they had a contract with Reposit. It turns out that they didn't. I asked them to pay the deposit of 5 weeks' worth in Jan, and they never got back to me.

I explained to them the reasoning behind the deposit in lengthy emails, how it protects both sides and it's secured by a third party and gave them tips on how to leave the property come the end of the tenancy to guarantee they will get it back.

Now they bluntly refuse to pay the deposit, because they're afraid that I will keep it. They're asking me for a reference for their next tenancy which I obviously refused to provide as long as the deposit remains unpaid (they're students).

I've had enough of this back and forth, can I evict them somehow on that grounds? The tenancy ends end of August.

housebuyer143 said:

CurlySue2017 said:

Jimmygg7 said:

My tenants haven't paid the deposit, which is my bad because I thought they had a contract with Reposit. It turns out that they didn't. I asked them to pay the deposit of 5 weeks' worth in Jan, and they never got back to me.

I explained to them the reasoning behind the deposit in lengthy emails, how it protects both sides and it's secured by a third party and gave them tips on how to leave the property come the end of the tenancy to guarantee they will get it back.

Now they bluntly refuse to pay the deposit, because they're afraid that I will keep it. They're asking me for a reference for their next tenancy which I obviously refused to provide as long as the deposit remains unpaid (they're students).

I've had enough of this back and forth, can I evict them somehow on that grounds? The tenancy ends end of August.

So because you got things wrong and have not bothered to correct them, you now want to punish / evict the tenants?

Roll on the new S21 legislation.......

This is a perfect example of why it is needed

I think as they are students they are probably leaving anyway and they are not being evicted.

Thanks, I can read and that's not what the OP said, they have asked if they can evict them

Jimmygg7

housebuyer143 said:

It's taken you a year almost to realise you have no deposit, and now you are expecting them to give it to you, so you can literally inspect the property in the next month or two and then probably make deductions. 
Look at it from their point of view, of course they don't want to pay it. The last loan payment was probably received more than a month ago and they must likely have spent it so don't have it.

This is partly your fault for not doing your diligence earlier. Give them the reference or they might trash the house on purpose in order to make a similar point.  

Sorry, where is this BS coming from? It's taken me 3 months to realize it, not a year and "probably make deductions" make no sense. These comments don't help much, I've previously elaborated on them.