Thank you for your question.
It's bad news I'm afraid, the penalties on landlord's for not having placed a deposit in to a tenancy deposit scheme are severe.
All deposits taken under ASTs must be paid in to a scheme and if they are not the tenants may make an application at Court for the return of the whole of the deposit monies (regardless of the fact that they may have been 'bad' tenants) and if the Court finds the landlord in breach of their obligations (as you are I'm afraid) then the Court will order the landlord to pay a fine of three times the deposit amount to the tenant.
They can make the application after they have vacated.
You've got to think practically about the situation, if you think you can come to some understanding with them about the remaining rent in exchange for them not making an application then I would leave it there and wait to see what happens. You will still have an action against them for the rent arrears but I assume the potential liability for not having placed the deposit in a scheme far exceeds the arrears and so is not worth pursuing unless they issue in respect of the deposit. I would imagine any action by you for the arrears would quickly precipitate an action by them for the deposit/fine.
Fingers crossed they have not done much research in to the penalties on the deposit issue.
If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.Kind regards,Tom
Okay, thanks. It's my own fault of course for not checking if things had changed since the agreement was printed.
Is there a statute of limitations after which they wouldn't be able to start legal proceedings or is this something that they could start years later?
Do the penalties get paid to them?
Thank you for the accept and kind bonus. You're not on your own; It's caught a lot of landlord's out
They would be time barred from making an application after 6 years, although it's a little unclear presently when this runs from the better view is that if probably runs from the date at which they discovered the breach. Unfortunately, It doesn't sound as if they will let it get that far if they know about your obligations already.
The penalties do get paid to them.
You've just got to try and 'manage' them from this point.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).