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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I forgot to register the deposit of a tenant who lives in a

Customer Question

I forgot to register the deposit of a tenant who lives in a building the company I work for rents out. The tenant left but in order to break her contract she had to find her replacement. Her replacement didn't move in for 8 days after her departure date. Consequently we deducted £120 from her deposit. This was to make up for money lost through a void her breaking of the contract had created.
We then paid her back her remaining deposit (some £500).
She has now sent a legal letter to us asking for:
1) her remaining £120 back
2) three month's rent, which is the maximum fine a court will charge us and award to her in damages for my failure to register her deposit.
Her lawyer is demanding the full amount and would like a response.
How would you advise me to proceed?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
I assume this was a private tenant for a dwelling?
Customer: replied 2 years ago.

Hello I work for a property management company and she was a student who rented from us for a year.

Expert:  Ash replied 2 years ago.
OK. The law requires you to protect the deposit and if you dont she can claim back x3 that amount at Court. There is no defence to this so I would not put anything in writing that puts you in it so to speak.
I would write back and offer a lesser amount without admission of liability and without prejudice. The Court has a discretion and can award up to x3.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Expert:  Ash replied 2 years ago.

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.