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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2204
Experience:  Solicitor at BLM
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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.

Hello

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.

Thanks

Customer: replied 16 days ago.
Thankyou
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.

Thanks

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.