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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71267
Experience:  Over 5 years in practice
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I'm writing as my husban decide to rent his property out

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Hi I'm writing as my husban decide to rent his property out and we've just received a letter from the council as the tenants have been in touch about their deposit as it's not been paid into a protective scheme.
As the tenant couldn't afford to pay it in full I advised her prior to signing tenancy it wouldn't be paid into scheme but will keep the money and normal circumstances apply eg providing no damage she'll get deposit back within 10 days after inspection. She didn't pay on time and tenancy when deposit was required was 21.07.2014 and she paid the balance of the deposit on 09.10.2014.
As she didn't pay rent either long story we gave her section 21 on 13.10.2014 and have a signed copy dated 16.10.2014 as felt sorry for her as she had a child so rather than going to court to give section 8.
There's carpet damage to the stairs from a cat and she has 2 kittens which we told her to get rid of as they were soiling the lounge carpet which still smells so she's aware she has to replace it and I have a copy of the messages she sent via what's app to say she'll replace the carpet so it's not deducted from the deposit.
The council are trying to tell us as the money wasn't put into the scheme we have to refund it fully to her immediately and she doesn't have to move out on 20th jam which is the date confirmed on section 21.
Please help as I need to call the lady from the council today and unsure where we stand.
I can send you a copy of letters sent to her payment received all in arrears etc.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 3 years ago.
I need to know where we stand as per my precious explanation! Do we have to pay full money back even though there's damage to the carpet which she's agreed to replace and hasn't and can she still stay in the property as her deposit which took nearly 3 months to pay wasnt put into the government scheme when she verbally agreed it was ok as she couldn't pay the deposit in full to us?
If this is an AST and you have not protected the deposit then you are liable under the Localism Act for up to three times the cost of the deposit in compensation.
In those circumstances, it is not worth a dispute over the carpets. I would settle this as quickly as you can.
I am afraid the Council are absolutely right. The deposit was not protected so your notice is void and she does not have to leave.
If you are still in the time of the original AST then you can still protect the deposit. It doesn't mean you are not liable to her for three times the sum but it does mean you can serve the S21 notice again lawfully and rely upon it. Unfortunately you will have to serve a fresh notice.
The fact that the tenant agreed is a non issue. Sadly you are the landlord and the obligation is yours.
I am sorry but I have to give you truthful information.
Can I clarify anything for you?
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