How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Anthony Chendo Your Own Question
Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2204
Experience:  Solicitor at BLM
Type Your Law Question Here...
Anthony Chendo is online now

My tenants are wanting to take me to court because Ihadnt

Customer Question

My tenants are wanting to take me to court because Ihadnt protected their deposit
JA: Where are you? It matters because laws vary by location.
Customer: Hampshire
JA: What steps have you taken so far?
Customer: They are asking for a cash settlement so they will not take me to court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: How long does it take for lawyer to answer me
Submitted: 16 days ago.
Category: Law
Expert:  Anthony Chendo replied 16 days ago.


Welcome to JA.

I am sorry to hear about your situation.

As you aware failure to protect the deposit means the tenant can sue you for up to 3 times the deposit amount. However please note it doesn't mean that you are automatically liable to give 3 times the amount in question as the court apply discretion and decide the appropriate figure to award.

Do you understand what I have stated?

Expert:  Anthony Chendo replied 16 days ago.

I suggest you contact the tenant and highlight reasons if any why the deposit should be retained i.e damage to the property which you will bring a claim for. However to reach an amicable settlement you will pay them x amount. Further I suggest you remind the tenant that the 3 times deposit figure is NOT an automatic entitlement.

I hope I have clarified the position if not please let me know.

Thanks and stay safe.

Customer: replied 16 days ago.
Thankyou How does the judge decide as to it should be one two or three times the amount should i get estimates for damage done to my property and would i need to appear in court
Expert:  Anthony Chendo replied 16 days ago.

Unfortunately each case is decided on its on facts therefore I cant predict how the court will approach your case.

That you may have to appear im court if a settlement between you and tenant can't be agreed.


Customer: replied 16 days ago.
Customer: replied 16 days ago.
The tenant is asking me to settle out of court and has asked for 2 x the deposit I don't know what to do and if I pay her could she still take me to court?
Expert:  Anthony Chendo replied 16 days ago.

Hello you can either reject, accept or counter the offer. As initially stated the 3 times deposit figure is not automatic and you can still recover the costs of replacing or repairing damaged items in your property.

If a settlement is achieved out of court then court proceedings for the loss alleged is not necessary or the court will not entertain it if she started court action.


Expert:  Anthony Chendo replied 14 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify the answer given.

Thanks and stay safe.