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Ex tenant claiming for failure to register deposit although fully returned

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Author Topic: Ex tenant claiming for failure to register deposit although fully returned  (Read 169 times)
Newbie
Posts: 3

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« on: January 30, 2020, 11:50:12 PM »

Hi  :)

Firstly thank goodness for this amazing site! Having been stupid enough to get ourselves into this situation we are so grateful for the guidance on how to minimise the damage. Sadly our ex tenant is exactly the sort of money grabbing low life described in the blog. He and his girlfriend left in 2017 on good terms with their full deposit and a reference but have obviously just discovered this opportunity to screw us for as much money as possible because we were stupid enough not to register their deposit while they were here. We have replied as suggested in the blog and await his comeback.
Anyway my question for here is actually about the second tenant. The letter before action is only addressed from him and the original tenancy was joint with a girlfriend. We have no idea if they are still together or what their current situation is - our question is how does this effect the current situation? Can it work in our favour? Or are we still potentially open to action from her further down the road? We're not sure whether to mention the joint nature of the original tenancy as we are unsure if it is a good or bad thing!
Any help or advice anyone can give would be greatly appreciated!
Thanks :)
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« Reply #1 on: January 31, 2020, 01:56:57 AM »

With Deposit Protection schemes there is the notion of a Lead Tenant, is that the one you're dealing with now? They have authority to act on behalf of other Tenants. I don't think this will be much help to you... the questiona are whether a Deposit was taken and protected correctly... the answers are, admittedly, yes and no. Once dealing with the claim I don't see that there can be a second, from the other Tenant. The tenancy agreement may have had >1 name on it, but as long as you're dealing with the Lead Tenant for Deposit purposes it should be plain sailing, for them.
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« Reply #2 on: February 01, 2020, 11:33:21 AM »

The letter before action can come from one of the claimants, but any legal action should be by both of them.

If you do get to legal action, your first defence should be that the claim should be struck out on that basis. It's possible that the tenant may persuade the court that he is acting for both of them, but that shouldn't be allowed without some evidence that the other tenant has accepted that the claim is being made for both of them.

Otherwise there would be the risk that the other tenant could make the same claim.

Generally speaking joint tenants have to act as one for all issues affecting the joint tenancy.
Newbie
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« Reply #3 on: February 02, 2020, 07:47:24 PM »

That's really interesting, thanks so much for your time. We're still waiting for his response and are hoping to avoid court action but if we do end up there this is absolutely great to know :)
Newbie
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« Reply #4 on: February 02, 2020, 07:51:54 PM »

With Deposit Protection schemes there is the notion of a Lead Tenant, is that the one you're dealing with now? They have authority to act on behalf of other Tenants. I don't think this will be much help to you... the questiona are whether a Deposit was taken and protected correctly... the answers are, admittedly, yes and no. Once dealing with the claim I don't see that there can be a second, from the other Tenant. The tenancy agreement may have had >1 name on it, but as long as you're dealing with the Lead Tenant for Deposit purposes it should be plain sailing, for them.


Really helpful, thank you! Although he was not officially a 'Lead Tenant' he was the money earner and paid the rent so hopefully we would be able to use this to avoid any action later. Thanks for taking the time to reply :)
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