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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 33038
Experience:  award winning lawyer with over 15 years experience
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We have a tenant called Mr Sparks. His contract started on

Customer Question

Hello we have a tenant called Mr Daniel Ian Sparks.
His contract started on 18th July 2016 and is due to expire on 18th January 2017. He is the only person on the contract and it is an AST agreement.
We thought we registered his deposit of £450 but accidentally forgot. We noticed this when he requested a copy of his certificate, we checked out system and it had not been processed for whatever reason. Upon realisation of this we immediately registered it with mydeposits.co.uk
We have sent him the DPC number and have told him that we will give the full deposit back and requested his account details. He is demanding compensation.
We then offered £50 compensation as it was an honest mistake but he wants 1-3 times the amount plus costs of court fee and legal representation if we don't settle.
Where do we stand?
Submitted: 9 months ago.
Category: UK Property Law
Expert:  Thomas Judge replied 9 months ago.

Strictly speaking he is entitled to bring a claim in the small claims court for compensation. You have now protected the money, but you have technically broken the law. You can offer him some compensation or take your chances with the matter going to court. Some judges (but not all) take the view of better late than never and are sympathetic to landlords. But you are potentially liable at present. Happy to discuss further but please rate positive.

Customer: replied 9 months ago.
What level of compensation would you suggest I offer him? He is adamant he wants at least 1 times the amount back to settle the matter. I think this is a heavy penalty to pay for an honest mistake? If we are to settle would we need any paperwork or an email to close off any future claims and loop holes?
Expert:  Thomas Judge replied 9 months ago.

You would simply want something in writing to say that it is in full and final settlement. It really is a matter of negotiation. From what you have written I would imagine that if it went to court I would be surprised if he got any more than one times. So you may wish to negotiate up to that sum. Please rate positive.

Expert:  Thomas Judge replied 9 months ago.

Something like "I have accepted the sum of xx in full and final settlement of any and all claims that I may have with respect to the landlord's failure to comply with the TDS rules. I am content that the landlord has now complied with the rules and I no longer have any claim."

I hope that this helps. Please rate positive for me. Thanks

Expert:  Thomas Judge replied 9 months ago.

I see you have not rated yet. Is there any other questions that I can help you with?

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Thomas Judge replied 9 months ago.

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you.

Expert:  Thomas Judge replied 9 months ago.

Hello,

You have not rated positive yet for the help given Is there anything outstanding?