UK Landlord Forum / Life

Hello and here we go.

Tenant wanted to break tenancy to leave property. Tenant offered to forfeit the deposit. The deposit wasn't placed in a tenancy scheme. We signed an agreement months ago that the tenancy is broken and tenant can leave at will, and the deposit forfeit.

The tenant hasn't been able to find a new place to move months later, and is asking me now where the deposit is, which scheme is it held in ...


Long story short the tenant is trying to bring me the landlord problems, because the tenant doesn't like a neighbouring tenant in another flat, and because of COVID etc and overall inability to resolve the situation, this tenant is out to get me for no fault of my own. The deposit forfeit was also in part for our furniture that the tenant threw out to replace with tenants own goods to stay long-term.

Considering the deposit is forfeit and tenancy broken, am I safe?? Or can the tenant still bring me troubles regarding.


Thanks

Quote from: Ubiquitous on March 09, 2021, 05:53:31 AMThe deposit wasn't placed in a tenancy scheme.

Through no fault of your own, you say? Are you able to explain that?

Usually a Court would look at the simple fact of whether a Deposit was protected correctly and on time. That's about it. Extenuating, possibly unrelated, circumstances mostly do not matter. There's a long timeframe for a Tenant to take action. The fact a Deposit was retained / forfeit doesn't make it magically protected.

Quote from: Ubiquitous on March 09, 2021, 05:53:31 AM
We signed an agreement months ago that the tenancy is broken and tenant can leave at will, and the deposit forfeit.

The tenant hasn't been able to find a new place to move months later

What does that even mean? 

If your tenant decided to pursue this,you will have to pay anything between 1x and 3x the full deposit. This will be regardless of whether they said they will forfeit the deposit.It is your fault that the deposit was not protected,it has been law for well over a decade now.