UK Landlord Forum / Life

Hi there,

Firstly, l like the no nonsense tone of your blog.

Secondly, I have fucked up!

Basically I have a tenant who moved in last Feb.
She arsed around with the Inventory and contract signing for a good couple of weeks, which meant I didn't protect her deposit within the 30 days, as she did pay this the day she moved in on 17 Feb.

So now a year later we have agreed to start another AST. I am going to pay her the deposit back and she will then pay it back to me to protect for the next year term.

Now I will of course ensure that it is protected in time and give her all the necessary docs.

In the above scenario I am hoping I am now mitigated from her then turning round in 6months and sueing me for not protecting her deposit in time for the initial 12 month AST.

So far all the bodies I have contacted including the deposit co (mydeposit) cannot tell me if there is a timeframe beyond which a tenant can no longer claim.  So at the moment it seems like I must live with a deposit shaped sword of Damaclese swinging for eternity over my head.

What the fuck?

Any suggestions, input, suicide techniques welcome!

Alex

No mitigation but the statute of limitations will kick in after 6 years which would mean 6 years and 30 days from taking the deposit.  It hasn't happened yet but sounds like you've got the right attitude and realise what's happened.  It's not inevitable the T will make a claim.  Good luck.

Quote from: Wigglywoo on January 30, 2017, 05:58:20 PMShe arsed around with the Inventory and contract signing for a good couple of weeks, which meant I didn't protect her deposit within the 30 days, as she did pay this the day she moved in on 17 Feb.

Completely unclear how that's a reason for late protection... don't let other Tenants know, they'll all(!) be trying that... whatever that is. Protection timer starts from when it's paid... so it's always the same, despite any arsing around.

6 years for this Sword of Damocles... but not all Tenants would punish their Landlord in that manner. Many Tenants have honour. Paying the deposit back doesn't help you in any way at all.

Thanks for the input guys.

6yrs! Christ, that's what Oscar Pistorius got!

Have many of us been prosecuted for this - is it cut and dry for a judge if it goes to court? Is there any reasonable defence?  That's how it seems to be sold by anyone I speak to - i.e. you were late - you fucked up - now you're screwed!

I get on with my tenant but she can be very spiky when she wants, and it feels like I am now going to have to chew humble pie on any contentious issue in the hope that she eventually fucks off quietly of her own accord without ripping me a new one when she leaves.

No defence. Black and white. You did, or you didn't.

To be fair - there is no defence.

You could try charm,some compliments,flowers perhaps.Unless she has a tough-looking boyfriend of course.

So is it always 2.5 x deposit every time or is there a sliding scale?

Can't find anything on landlord convictions and penalties enforced.

It's anywhere between 1x - 3x the deposit. The judge will decide the sanction, based on the facts of the case. If you were just a bit late protecting the deposit and are an otherwise good landlord, it's likely to be towards the lower end of that scale. Many claims end up being settled out of court so, if it comes to it, you may find that you can negotiate something that's not too painful.