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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9046
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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Due to a completely honest oversight we forgot to register

Resolved Question:

Due to a completely honest oversight we forgot to register our tenants deposit last June, we thought the Agency had done so. Immediately we became aware of the situation - May 2013 - we registered it. Our tenant, an American lawyer, says that despite it being an honest oversight he now does not have to pay rent for 3 months and that we have to return his deposit at once. He says if we do not agree he will take us to Court, we will lose and he will get costs too. For an honest oversight that we rectified as soon as we became aware this cannot be right? Is he just bullying us now? His 'Company' is in the process of being 'Struck Off'and we feel he is just trying to scare us, he clearly has a cash flow problem and that a Court would not impose such conditions for an 'honest'mistake that was put right at once. His deposit has never been in danger, it was held in our account all the time. What are your thoughts?
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Aston Lawyer replied 1 year ago.

 

Hi there,

 

Thanks for your enquiry.

 

I'm glad to say that he is talking absolute rubbish!

 

now that you have paid the Deposit into a Scheme, it should remain there (and certainly not given back to him).

 

The law on matters where Deposits have not been paid into a Scheme gives the Courts the power to award compensation to a tenant equalling 3 months Rent IF, at the time it gets to Court, the Deposit has still not been paid into a Scheme.

As you have now done that, albeit a little on the late side, the Tenant now has no right to pursue you through the Court for any compensation.

 

I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

 

Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9046
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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