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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71130
Experience:  Over 5 years in practice
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hi,i did not put my tenants deposit in a DPS unfortunatly.The

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hi,i did not put my tenants deposit in a DPS unfortunatly.The tenants have been there a year but they have left and gone to northern ireland now even though their tenancy does not end until the 25th of this month,but they have damage some of the property is it to late to put the deposit in now because their tenancy has not finished and then tell them i will be holding some back or is it better to give them all their deposit back and learn a hard lesson.i do have new tennants in now so i dont know if that affects things ,with the new tenants their deposit does not need to go in a DPS until the 26th of this month
thank you

If you are saying you are in the middle of an AST then you have two options.

The first is to return the deposit in full. I imagine that is unattractive for the reasons you mention. It is the safest course of action as it brings an end to their claim. You can always sue them for damage at the small claims court although if they are in northern ireland then that does make things more complicated.

The second is to secure the deposit now. You can do that as long as the AST hasn't ended. The tenant can still bring a claim against you as you didn't secure it in time but the practical reality is that its likely to get nowhere. A court does not generally order three times the sum lightly already. Courts do not like to enrich tenants. That will only happen for incredibly lax landlords. If the deposit were to be secured but late its incredibly unlikely there would be any penalties.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.
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Customer: replied 5 years ago.

FOR JOMO1972 do you mean by the AST thats the tenancy they signed if so then it is not up until the 25th but does it make things change because there are already new tenants in before the other tenants agreement has ended.i also fell very hurt what they have done as i was really good to them but scared they may make trouble for me

Not from the point of view of protecting the deposit. Obviously you cannot enforce the contract with new tenants in.

Also obviously you will have to tell the truth if you are asked about it by the scheme but you should not be.

Of course, this is unfair. The law is heavily biased on favour of tenants and unfortunately bad tenants are still tenants. This world punishes the hard working I'm afraid