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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 818
Experience:  Experienced solicitor
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I am First landlord and have not put my tenants deposit in

Customer Question

I am First landlord and have not put my tenants deposit in a protection scheme as i didnt know i had too, there is 2 months left on the tenancy and his refusing to pay the last 2 months which leaves out of pocket.. can do something about it as is was my mistake. Can they take any action against me?
Submitted: 2 years ago.
Category: Property Law
Customer: replied 2 years ago.
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Customer: replied 2 years ago.
He told me to keep deposit but he won't pay anymore money but I don't want to do that just in case there is damages to property.
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
will he be leaving at the end of the tenancy?
Customer: replied 2 years ago.
That's what he said in text message.. all hr said is he spoke to council and shouter I think he meant solicitor and I should get a letter.
Customer: replied 2 years ago.
I been read a lot info since he told me.. I want know is he in breach of contract under law for not paying? And can take action against me if his in breach. If I was to give his deposit back now or put in the scheme will I avoid further action. Just in case..
Customer: replied 2 years ago.
Plus what should be my next steps..
Expert:  LondonlawyerJ replied 2 years ago.
He is in breach of contract but then he could also bring an actin against you for not protecting his deposit seeking 3 x the value of the deposit.
I don't know the figures here so you need to work it out. I suspect though that 3 x deposit (which he has a chance of getting) is more than 2 months rent.
So maybe you should get an agreement from him that he will be leaving and that you agree his proposal to pay nothing for the last 2 months as long as he agrees to take no action over not protecting his deposit.
This could become messy but looks like it might be the best best option. But it is your choice.