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Accidentally filled out Tenant deposit form and their deposit was returned

Started by a2020, November 30, 2020, 05:43:49 PM

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a2020

Hi I wonder if anyone can help?

Today I discovered I accidentally filled out the tenant deposit release form incorrectly.  I had stated in the first box that £1600 was owed to us in rent.  In the second box asking how much should be returned to the landlord I accidentally dashed it through (i.e. £0) and in the box stating how much to be returned to the tennant I wrote £1300 (which was his full deposit).  I stupidly mixed up those two boxes and meant to dash through the amount to be returned to the tenant as £0.
At the bottom of the form it asks for the final amount to be paid to the landlord and I have written £1300 plus my bank account details as stated.
However, today we were informed £1300 had been returned to the tenant (despite having had recent conversations with the estate agents of the rent owing and the agreement via text that the tenant would accept his rental arreas being taking from the deposit).  Also the section where the tenant is supposed to fill out his details, forwarding address and sign was not completed or returned to us before the money was issued back to him.  Tenant is not picking up his phone... not surprising.
Do we have a leg to stand on?

I feel that as there was some contradiction in the form we should have been called for clarification?

Hippogriff

One might take more care when large sums of money are involved... I call this diligence. When I worked in a bank (two weeks of work experience when I was at school) I was told that cheques can contradict themselves... words vs. numbers... and, if they do, the banks use the amount written in words. I dunno if someone was yanking my chain back then and I've not used a cheque for many years... but if I was writing one for £1,300 I'd probably make sure I'd done it correctly. I decided banking wasn't for me.

I presume £1,300 doesn't mean that much to you. That's OK. The world needs rich, careless people as well. The Tenant is probably thinking you are very kind just before Christmas. You seem to have two boxes stating an unequivocal £0 and £1,300 and the mistake would more likely be the second £1,300? I can see how that could be read like that. Who are you expecting to save you from your own, admitted, mistake? Not your Agent, surely? The best bet will be the Tenant, obviously you've tried... but do keep trying... tough ask though, relies on personal honour.

Could be one of those expensive life lessons / training exercises... we will have them. They hit us so we don't make the same mistake twice.

KTC

The deposit is there to make it easier for landlord to be able to recover loss in accordance with contractual terms. There's nothing stopping landlord from (attempting to) recover loss outside deposit, i.e. sue for it in court.

heavykarma

Oh dear, I am guessing Covid brain? There's a lot of it about.I can't see much point in trying to challenge this,the horse has bolted.Your only recourse now is small claims.If they have no assets or proper jobs that will not be of much use. It could however get them a CCJ.which would help to warn another landlord.What a horrible outcome,but at least they have now left.Better luck next time.

Revo

Maybe my COVID brain ?? But, your estate agent understood the issue regarding rent arrears, you the landlord ?? personally filled out the deposit release form, sounds more like a agents job.

Are you in-fact the agent ?? Who's cocked up.