What was the fixed term of the agreement? and was it an assured shorthold tenancy agreement? Please state how many agreements there were (ie. one copy all signed by the tenants, or multiple copies individually signed) and what the annual rent was.
Yes it was an assured shorthold tenancy agreement, provided from a solicitor ( i think they have a template that they use.Fixed term of six months and monthly thereafter
There was just one agreement between myself ( landlord ) and joint tenants, who were partners. I kept one signed copy and they kept the other.
Rent was £7200 per year ( £600 per month )
All AST deposit must be lodged in a tenancy deposit scheme and I note you have not done this. This gives the tenants a right to apply for the return of the whole of the deposit amount and a fine of three times the deposit amount from you to them.
Putting the deposit in a scheme now is shutting the stable door after the horse has bolted and would not be convincing to a Court. I would advise giving them the whole of the deposit back and not pursuing them for the rent, to hope that they don't look in to their rights and issue at Court for the above.
If you dig your heels in about the rent then they are more likely to research or take legal advice on the deposit and issue.
Treat it as a learning experience and cross your fingers. The solicitor - if you spoke with him - really should have mentioned about TDSs, here is some information for the future:-
Sorry it could not be better news.
If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.
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).