No, I did not protect the deposit at all in any scheme. They moved in in March 2012 and about three weeks ago they moved out.
I don't think they have left me their postal address, but I have their email and mobile phone numbers. They are a couple. We were not enamoured with each other towards the end. ...
thank you Joshua
You have been very helpful. Just to recap:
I will transfer the deposit today. Must I definitively follow up by email ? if so, must I expressly write in 'final settlement of return of your deposit' or can write 'I apologise for delay and hope this is acceptable to you"
Can I pay back the deposit from my (unrelated) business account, not the usual personal account they used to pay rent into, so they will have to contact me for bank details? (that is, unless they chose to return deposit to the account they used to pay rent into)
If they don't return, but solicitors write to me again, what to do then?
If they do return the money, then I write part 36 offer, letter headed with phrase "without prejudice save as to costs", correct? In that letter I will also then list my counterclaim calculation (the cleaning they failed to do and repairs that were necessary)... which I then deduct from the 'deposit' or the 'once again payment', so that final amount will be less than twice the original deposit ? As you advise, they then have to consider if they want to take it to court...
Thank you again
Yes you have been helpful.
Dear Quentin and MarieThank you.I have now completed the repairs and cleaning following the end of your tenancy.However, I am returning your deposit back to you in full and final settlement.If you do not find this acceptable, please return it to me within 7 days.RegardsEugene
You are right that they never advised me previously to deal with their solicitor. The solicitors letter arrived out of the blue and not signed for.
I have not acknowledged it.
The solicitors' letter first paragraph opens with "We act on behalf or the above who has contacted us in relation to their previous tenancy or the above property...........
.........We are prepared to settle this matter without the need to commence court proceedings on our client's behalf. Thus the matter can be finalised at this stage by way of a payment to "Amelans"........
...this offer is made under the auspices of Calderbank v Calderbank......
Should we receive cleared funds of (£3,875 deposit and 1,5 times of deposit again) within 28 days ... we will consider the matter closed. However, should you fail to make this payment , we will commence Court proceedings and ask for compensation representing 3 times the amount of the deposit. Further we shall also seek costs inclusive court fees"
Does this change your advice above?
thank you again.
thank you once again. I shall not bother you further, but I want to be absolutely clear. I can take it then that, as you advised above,I now respond to the former tenants...
'thanking them for their email and noting their comments in relation to future correspondence'....
then I add that ....."However, on the basis you have not advised me to contact your solicitor previously, the contents of my previous email are considered duly served."
Or is there a slightly less formal way to express my point, which will not cause them further concerns and consult with their solicitor for more email exchange...?
Regards ***** *****
You may remember this case. You gave helpful advice.
I hope this will reach you.
Despite accepting payment/return of full deposit, tenants have proceeded to take court action. I did not reply to any of their solicitors letters.
In my defence, I wrote to the court the details why I believed that the claim had been settled with client directly.
Subsequently a Notice of Disposal /Directions Hearing has been scheduled for tomorrow.
I wrote lat week to ask for postponement and only today when I called waas i advised to submit N244. I did so today, but a judge refused on grounds that I could be represented by a barrister or solicitor. You can imaging that I am not very enamoured with legal system, when you consider how much hot air about so little....
Can you give me any advice on how to deal with this tomorrow.
Bring copies of emails sent and statement from bank?
I will try to run away from work, but i have very important meetings. In case I cannot stay much past the allocated time of 12.30 , should I leave a statement and copies of emails behind for the judge?