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Thomas
Thomas, Lawyer
Category: UK Law
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I had a tenant in my peoperty for 18 months, she gave me a

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I had a tenant in my peoperty for 18 months, she gave me a £500 deposit,this was kept in a seperate account, and was irregularly paying £500 p/cm rent. She and her partner were origionally joint tenants however, he attacked her in Jan 10, was arrested and moved out. The tenancy was transferred into her sole name, and she moved out 30/5/10. On inspecting the premises I found a lot of damage; holes smashed in walls, doors and door furnature damaged or destroyed, and missing items of furnature, which eventually materialised smashed up at the end of the garden, behind a shed. I have written to her saying that this will come out of the deposit, and she now desputes any wrong doing or damage at all. Where do I stand on this. Thanks SQ
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Did she occupy the premises under an assured shorthold tenancy?

 

Kind regards,


Tom

Customer: replied 4 years ago.
if you mean was the tenancy for a set period ie six monthly, yes.
Expert:  Thomas replied 4 years ago.

Right, did you serve her with a notice prior to entering the property that the tenancy was NOT to be an AST??

 

Please also state the annual rent?

 

Tom

Customer: replied 4 years ago.

In the contract I stated that it would be 6 monthly renewable, so does this constitute an ast? the annual rent at £500 month is £6000.

 

Expert:  Thomas replied 4 years ago.

Yes, it constitutes an AST. All tenancy agreements do unless you serve a notice specifically stating that it is not an AST or the rent is greater than £25, 000.00 pa.

 

Did you lodge the deposit with a tenancy deposit scheme?

 

 

Tom

Customer: replied 4 years ago.
whats that? Ive never heard of these. no I didn't, but as I said the deposit has been kept in a seperate account
Expert:  Thomas replied 4 years ago.

Okay, you're in a difficult position.

 

All deposites in ASTs must be placed within 14 days of receiving them in a tenancy deposit scheme. If the depoist has not been placed the the tenant is entitled to apply to Court for the return of the whole of the deposit and a fine payable from you to the tenatn of three times the deposit amount. Courts are strict about this because until the protection came in there was a long history of deposit misuse by landlords.

 

I know it's unpalatable and unfair , but I would advise returning the deposit to the tenant saying that you "just cannot be bothered with the hassle" and hope the tenant does not reaslise their rights and sue you for the £2, 000.00.

 

If you could prove that the tenant did the damage then you could report her to police for criminal damage and possibly seek compensation but given that it would probably preciptate her taking legal advice I would not take the risk.

 

Better, in my opinion, to write this off as a learning experience. For future reference, there is information on tenancy deposit schmees here:-

http://www.direct.gov.uk/en/TenancyDeposit/index.htm

 

I'm very sorry it could not be better news.

 

If this is useful please ekindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask folowup questions.


Kind regareds,

 

Tom

Thomas, Lawyer
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Satisfied Customers: 6656
Experience: BA (Hons), PgDip, Practising Solicitor
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