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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have an ex-tenant who left a property i owned. When he left

Customer Question

I have an ex-tenant who left a property i owned. When he left I gave him his £500 bond back despite him owing me £495 in unpaid rent, this was because I wanted him to leave as I felt he had no ability to pay future rents.
He is now threating court action for between 1 and 3 times the bond.
Will the court take into account the £495 he owes me?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You do not need to worry

Alex Watts :

The tenancy has ended and the deposit has been returned.

Alex Watts :

You therefore do not need to protect the deposit.

Alex Watts :

The tenancy is at an end.

Alex Watts :

So if he tries to take you to Court he would fail.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-nknabjsx- :

ok - when I have checked on websites though it says even if the tenancy has ended and the bond returned, they can still seek compensation

Alex Watts :

No - its ended. There is simply no claim.

Alex Watts :

Otherwise you could just protect the deposit now and take it back out again - no point

Alex Watts :

It is only when they are in occupation

Alex Watts :

But in any event to answer your specific question yes a Court would deduct the £495 he owes you

Alex Watts :

Does that clarify?

JACUSTOMER-nknabjsx- :

the solicitor from my insurance company also said if the tenancy has ended he can still claim. My real question is if the unpaid rent will reduce it. I think there was a revision to the law in 2012

JACUSTOMER-nknabjsx- :

http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes/deposit_protection_and_tenancy_deposit_schemes

Alex Watts :

Yes the unpaid rent will reduce it

Alex Watts :

Shelter hasn't amended because of case law

Alex Watts :

But yes unpaid rent will reduce any claim

Alex Watts :

Does that help?

JACUSTOMER-nknabjsx- :

kinda. so will I end up paying £5 x 3 or

Alex Watts :

Indeed.

JACUSTOMER-nknabjsx- :

thanks

Alex Watts :

The Court can order x1 to x3 the amount

Alex Watts :

But as I said case law is against your tenant

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-nknabjsx- :

so u think i'll end up paying nothing cos the bond was returned?

Alex Watts :

Yes

JACUSTOMER-nknabjsx- :

but worst case £5 x 3

Alex Watts :

Yes

JACUSTOMER-nknabjsx- :

ok thank you.

Alex Watts :

Can I help with anything else today?

JACUSTOMER-nknabjsx- :

no, that's it thanks

Alex Watts :

Great. If I could ask you to rate my answer before you go today - the button should be at the bottom

Alex Watts :

If you need more help please click reply

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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