UK Landlord Forum / Life

Hi my wife has got her self into a pickle.
Our tenant has now left her flat but he broke the sofa, left cigarette burns on the carpet and burnt a hole in the Lino. He also left before the end of the 12 month contract but we were happy to let him go as he had several complaints from the neighbours for having blazing rows with his missus. He also gave his family as a ref but we later found out he got a section 21 as we found the letter in the flat.

My wife protected his deposit And then emailed him to say it had been done with the agency. He claims not have received that email and on checking my wife as realised that the letting agent gave us the details of his email address wrong. Putting a dot instead of dash somewhere.

He now thinks he can take us to court and recover his deposit x 3. Is it possible that we can be ruled against because he did receive the details even though the deposit was protected?

She rang me in tears last night (I am away) and I don't want to put her through any more stress, but this guy is a real scum bag and I don't want him to get away with it. he actually has admitted to causing the damage on email but now sees this as a loop hole so is calling our bluff. He might not want to use the agency dispute service and go to small claims apparently.

You're obliged to give the tenant the details of where the deposit is lodged.
You haven't done that, so he's got a case.

However, the three times deposit threat is an empty one.
That's the maximum penalty a court can award - along with any damages.

But there are no damages here.
And the court is highly unlikely to fine you that much (if anything).
You made a minor admin error, which is wrong - but the tenant hasn't suffered.

Get some legal advice and maybe get your solicitor to write the tenant a nice strongly worded letter on legal headed paper.
The tenant's trying it on - you've got a small problem because you didn't do everything perfectly - but there's no reason to be upset or fearful.

Surely, he should have notified you that he had not received the information on where his deposit was being held.  My landlord never notified me, so I contacted him myself.

Good Luck

Thanks what's the advice then should I just give him back his deposit in full?   Even though he did the damage will the court just rule in his favour because of a minor admin error even though we put the deposit into the scheme.

Personally, I would not give him his full deposit back.  He has caused damage to your house, that is what the deposit is there to do, to cover this kind of problem.  Do a full check of the house, take pics etc of everything that has been damaged. However if you do end up in the small claims court, make sure you have a copy of the email address you sent it to, and photos of the damage he has done.  I cannot see them ruling in his favor at all.  He sounds like he is just trying it on.

The tenant has rights, but normally you're expected to do something to protect them, not simply wait and try and claim you did something wrong. If they were concerned about the deposit, they should at least have asked about it. And it was protected.

Simplest thing is to just deduct the damage from the deposit. Worst case, the tenant would then have to demand the return of the difference, and then go to small claims court when you don't give it to them. Your case is good (provided you can prove the damage and the consequential costs) and I doubt the tenant would turn up to the court date.

You'd have to turn up - which can be a pain, so there's a real world test if the cost of fixing the damage isn't worth the stress and hassle and possible day off work, you might let it go.

My feeling is that he would rather get some money back sooner, if its in dispute then the protected deposit just sits there?

Maybe have a word and agree a sensible compromise where he goes away.

You have the stronger negotiating position, and threats of Court are, as have been mentioned, the tools of the Bully, and very rarely followed through.

hi i had a lodger that  that stayed with me nearly 3 weeks we had a contract that she was supposed to give me a months notice in writing when she leaves,  a few days later she told me she was leaving in 10 days time then 2 days later she told me shes leaving next day  i came home fronm work and she already gone taking my key and leaving me a note to tell me to leave her deposit on the table,bearing in mind i had to notify the council 3 times to change the dates that she was leaving ,when i went to look at the room she was renting she had broke the bed thye wardrobe draws had  snapped where she must of forced the draws open and  leaving carpet filthy with mud chewing gum ,i told her ill be using her deposit to replace the damaged items , i did not hear from here for 2 months then out opf the blue she posted a letter by hand to my house threating me with a lawyer to send me a letter and  would be charged £600 plus her deposit if i dont put her deposit into  her  bank within 7 days where do i stand. i havent got 600 and maybe shes just bluffing