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C.Cornel, Lawyer
Category: Law
Satisfied Customers: 674
Experience:  Senior Lawyer at Legal Group
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I have a query regarding an ex tenant of mine, we haven't -

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I have a query regarding an ex tenant of mine
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: we haven't - i need to speak to an expert in landlord tenant law
JA: Where is the property located?
Customer: london
JA: Anything else you want the lawyer to know before I connect you?
Customer: they have just left the property and left it in a bad way. i have withheld some of the deposit but i didn't know about the dps and so didn't register it

Hello, my name is***** am a licensed lawyer from the UK.

Can you please elaborate in regards ***** ***** question?

Thank you.

Customer: replied 4 months ago.
hi there
Customer: replied 4 months ago.
I have a property (flat) in london that i used to live in. when we moved from it, we rented it out to a lady that already lived in the building and was keen to stay in the building but her landlord was selling the property so we rented to her, more so on a trust basis than a legal one.
Customer: replied 4 months ago.
We got an AST and they paid me a deposit which i have kept in a separate bank account - but i wasn't aware of the DPS until a week ago and so the money was never registered
Customer: replied 4 months ago.
They moved out after 3 years and left the flat in such a way that i needed to get it redecorated and i have said I will withhold £600 of their deposit money
Customer: replied 4 months ago.
they aren't very happy about that - and have just asked who the deposit money was registered with
Customer: replied 4 months ago.
I wasn't aware of the DPS and i am looking to speak with an expert in landlord tenancy law
Customer: replied 4 months ago.
is this something you can help me with
Customer: replied 4 months ago.

I see.

You should register the deposit in the future.

In accordance with the law, you must put the deposit in a government-backed tenancy deposit scheme (TDP) if you rent your home on an assured shorthold tenancy that started after 6 April 2007.

It depends what risk are you willing to take.

You can simply ignore the claim or release the deposit to them and bear the costs of wear yourself.

It's at your discretion, depends how far they are willing to take the complaint.

Thank you.

If you have any further questions, let me know.

Please don't forget to rate the answer or simply reply with a "thank you".

Otherwise, I'm not remunerated for my time and effort.

Thank you.

Customer: replied 4 months ago.
I realise that i should have registered it but i wasn't aware of it at the time. I wonder how likely it is that they can fine us for the 3 times the amount of the deposit?
Customer: replied 4 months ago.
As it wasn't registered, if they ever found out?

Well, it is fairly likely actually.

The tenant can obtain compensation for the fact that you haven't protected his deposit.

Therefore, if you don't want to risk it, simply return the deposit and part ways.

That is the safest option.

More dangerous option would be to gamble on the fact that the tenant will not pursue the complaint further, if she does, she will most likely obtain compensation.

Thank you.

C.Cornel and other Law Specialists are ready to help you
Customer: replied 4 months ago.
ok thank you