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senior partner
senior partner, Solicitor
Category: UK Property Law
Satisfied Customers: 13325
Experience:  30 years commercial law
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Can you pay retrospectively into a deposit protection scheme

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Can you pay retrospectively into a deposit protection scheme? My boyfriend's tenants never paid the full deposit in lieu of works they agreed to carry out, which they never confirmed so in the absence of this and only half a deposit, it was not paid into the deposite protection scheme. They now want to move out and have not given full notice, plus there is some outstanding arrears relating to a few months ago when full rent wasn't paid. My boyfriend is happy to pay the deposit into a deposit protection scheme now so that he and the tenants can both put their case forward legallly, but he doesn't want to get a fine. Can you help - how does he stand legally?
Submitted: 7 years ago.
Category: UK Property Law
Expert:  senior partner replied 7 years ago.
Thank you for your question. I am sure that you will have discovered from your google searches that your boyfriend is legally obliged to pay a tenants deposit received after April 2007 into a deposit scheme or to have protected the deposit via an insurance backed tenancy scheme within 14 days of receipt of the deposit, no matter how much was paid as a deposit. His failure to do so - notwithstanding any subsequent breaches by his tenant means that he can be penalised by the Courts and he may have to pay the tenants the deposit plus three times its amount as a penalty. Your boyfriend can now pay the deposit into a scheme (and he should place the deposit within a scheme immediately) to try to protect his position and to ensure that he complies with the law before any legal action is taken over the current dispute with his tenants.
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