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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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Hi, I rentedmy house after 2007 on a shorthold tenanct agreement.

Customer Question

Hi, I rentedmy house after 2007 on a shorthold tenanct agreement. Foolishly, I didn't place the deposit in a secure scheme, as the tenant assured me this was no problem- I know I should have done! The tenant gave their notice and so I found someone knew to replace them, who gave me a deposit and gave their notice in on their old place. My tenant then advised me that her new place had fallen through. I explained the situation, that I had a new tenant, so she agreed that she would still leave. She has left without paying rent for the last 2 weeks and leaving an unpaid bill, in my name, of £70. I was going to take this out of their deposit, but they said they would take me to court because I hadn't secured their deposit and because i had made them homeless. Today I have given them a full deposit refund. Could they take me top court for anything? Could I now be fined for anything. Thanks
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.
They have had their deposit returned so the failure to protect it is no longer an issue for you.
They are still liable for any damage or rent and you could issue Small Claims Court proceedings against them for that.
She cannot claim that she was made homeless if she gave you notice and moved out.
You cannot be fined or penalized for anything based upon these facts.
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Expert:  Nicola-mod replied 4 years ago.

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