SMF - Just Installed!

Late deposit help

Started by stithians, June 26, 2010, 08:19:24 AM

Previous topic - Next topic

stithians

This is my first post and I'm hoping the more experienced will be able to help!

We have tenants who are due to leave on 30th June following a winter let starting on 1st March 2010. I took a £250 deposit but forgot to place it with The deposit Protection Service with whom I am registered. We have an AST signed by them. They have 2 dogs and 2 cats in the property when we only allowed 1 dog. It is furnished accommodation and electricity is included in the rent and they have brought in an electric dryer which is consuming power at an alarming rate. They work nights and every morning at 05:00 they come home and wake us, yet they complain that we are too noisy during the day!

After a very acrimonious period relating to their causing a nuisance (dogs barking, poo in the garden, revving engines, storing junk outside etc.), they agreed to leave early provided I repaid their deposit in full. I did so, but they didn't move. I have now received a letter from them demanding I pay £500 or they will start proceedings to recover 3x the deposit. They are very intimidating and aggressive and I haven't yet asked the whether this payment is to ensure they leave on the 30th or not.

I understand there is an appeal relating to late deposit payments which may allow me to pay the deposit before the end of the tenancy and therefore protect myself (even though I returned the deposit, I'm guessing they will deny it - I didn't get a receipt).

Firstly, does anyone know the outcome of the appeal in the case of Universal Estates v Tiensia?

Secondly, if I refuse to accede to their blackmail and intimidation, what prospect have I of getting them out in the short term? It's my daughter's wedding on 24th July and we have relatives due to be staying at the property.

Sorry to lay this on the forum as a first post, but I'm struggling to know what to do. It's the first time we've had a problem in 12 years of winter lets.

Thanks in advance for any advice.

David

stithians

Spoke to a lawyer from the Federation of Small Businesses and basically, I haven't a leg to stand on. They recommended I start section 21 & Section 8 proceedings, but the earliest I am likely to get them out is October. Meanwhile, we will have lost £4000 in holiday let income...

A very miserable David.

mva21

Afraid this is one you will have to chalk down to experience.  Not sure if you check your tenants or are aware of their rights but let me know if you want help avoiding this in the future as self managed landlords can do it with support like forums etc.  Send me direct message if you like (i assume it is an option).  Otherwise, good luck and i hope this does not put you off.