Unprotected deposit and damage to property

Carrick24

My tenant has left a lot of damage in the property but I haven't protected the deposit since taking over the tenancy. Should I make deductions anyway (probably the full amount of the deposit based on the work needed) or give them it back to avoid court proceedings? The tenant is pretty clued up so it's a real possibility that they'll become aware it hasn't been protected.

propertyrental

was it originally protected before you 'took over the tenancy'? Has it remained protected? If yes and yes, you're fine.

Assuming not, you could try negotiating an agreement as you suggest: return deposit in full in return for no penalty claim. Not sure if/how you can guaratee the t won't later claim the penalty anyway...,

Can you evidence the damage and the associated costs? Does it exceed the deposit? Might be best to make deductions, assume T will claim penalty, and put it down to experience.

Carrick24

It was originally protected by the previous landlord but I haven't protected it, and I really should have.

I haven't been into the property at all since I became the landlord and as such have no inventory etc. I think I might have to chalk this one up to experience and take the loss. I won't be making the same mistake again!

Entire carpets need replacing, multiple holes in the walls, deep cleaning required. Feel as though this is pretty irrelevant given the deposit hasn't been protected since February 2022.

Thanks for your advice, much appreciated.

theartfullodger

did you serve notice(s) compliant with s48 & s3?  if not no rent due and possible fines and criminal offence.

yes, i'd return deposit and pray he doesn't sue fir up to 3x deposit penalty.

no offence but wonder what else ain't perfect in the paperwork.  what training in how to be a landlord?

SadieO

If you don't have an inventory, how will you respond if the tenants claim the property was in that state when they moved in? 

propertyrental

Carrick24 said:

It was originally protected by the previous landlord but I haven't protected it, and I really should have.

I haven't been into the property at all since I became the landlord and as such have no inventory etc. I think I might have to chalk this one up to experience and take the loss. I won't be making the same mistake again!

Entire carpets need replacing, multiple holes in the walls, deep cleaning required. Feel as though this is pretty irrelevant given the deposit hasn't been protected since February 2022.

Thanks for your advice, much appreciated.

That does not answer the question. The deposit may have remained protected.

Surely you did your due dlligence before investing in this business?

* checked the inventory
* checked the rent payments for arrears and history
* reviewed the T's references from when they moved in
* checked the Ts received EPC, gas report, gov leaflet and were 'right to rent' checked
* reviewed any correspondence/complains etc to/from the Ts

not to mention checking the deposit was registered and then transferred to your name

Without an inventory you'll struggle make deductions from the deposit so looks like you'll a) have to return it in full and b) take the hit on the penalty

Has the T left? Is the tenancy ended? Has the T requested the deposit?