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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 285
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I have missed the 30 day deadline for paying a deposit into

Resolved Question:

I have missed the 30 day deadline for paying a deposit into the deposit scheme. The tenant is now trying to leave a i1 year AST after 2 months and is threatening to take me to CC for breaching the 30 days rule.. what can i do.
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
FYI contract was signed 21st Day of July 2016. 1 year AST. she gave notice on Sept 2nd and is moving out on OCtober 15th.. and hasnt paid this months rent.
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  propertylawyer replied 11 months ago.

The tenant can bring an action against you for compensation for failing to register the deposit on time. The court can award between 1 and 3 times the value of the deposit as compensation.

Do note that the tenant can do this even if you agree to ending the tenancy early.

Customer: replied 11 months ago.
The tenant us demanding j pay the deposit back today cash in full. At the same time she hasn't paid her tent this month and my understanding of an AST is that age is responsible fur the rent fur the full term. If I repay the deposit but she doesn't pay her rent what action can I take?
Expert:  propertylawyer replied 11 months ago.

You are not obligated to pay the deposit back during the term but are potentially liable to compensate the tenant as stated above.

However if you wish to serve a s.21 notice to get possession you will need to refund the deposit before serving notice.

You do not have to agree to a surrender of the tenancy. The tenant is contractually bound to the term and the rental obligations.

Expert:  propertylawyer replied 11 months ago.

You can deduct sums from the deposit to cover defaults in rent. Once you have used up the deposit fund you will need to sue the tenant in court for any arrears.

Expert:  propertylawyer replied 11 months ago.

Register the deposit today. The tenant can still sue you for compensation but you are then protected should you need to make deductions or serve a s.21 notice.

Any further questions or queries?

Customer: replied 11 months ago.
last one, and thatk you for this, its been most helpful. the tenant is moving out on Oct 15th although its a year AST from july, how do i hold them responsible.. as in I assume they wont pay rent, let alone bills and council tax, so what will be my next steps?
Customer: replied 11 months ago.
hi, would be really grateful for an answer on this one so i can work out what to say to the tenant.
Expert:  propertylawyer replied 11 months ago.

Tenant is liable to pay. Do not refund deposit until tenant has vacated. If you register the deposit it only needs to be refunded within 10 days of agreement on any deductions.

Expert:  propertylawyer replied 11 months ago.

If the arrears etc eat up the deposit you claim against the tenant in the small claims court.

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