Deposit cock up with tenancy , am I screwed?

[Grunt Futtock]

Ok, long story short I didn't put the security deposit from my tenant in an approved scheme. Tenant stays for 5 years and leaves to go into a residential home but leaves property in a bit of a mess.

Required a deep clean as there was a layer of grease on everything in the kitchen and generally manky all round costing £100

New blinds required on 3 windows as she had stuffed them in a bag and let her cat sit on it for 3 years, cost £500

I've deducted this from the returned bond and her son acting on her behalf has kicked off. Now the points above are covered in the tenancy agreement however he is asking for the tenancy deposit scheme details so he can challenge it with them.

I'm assuming I am fked as I didn't do things properly , am I better returning the whole bond and swallowing the hit ? I don't have a leg to stand on do I?

[hashtag]

Do the honourable thing. the tenant was clearly elderly and possibly needing additional care.

Return the deposit in full.

[grumbledoak]

I'm breaking out the violin for you.

Yes, that one.

[anonymous-user]

£600 after 5 years? I'd count my blessings if it was me.

[deckster]

A five year tenancy and you're quibbling about a decent clean and replacing a couple of blinds?

Words fail me.

[Grunt Futtock]

deckster said:

A five year tenancy and you're quibbling about a decent clean and replacing a couple of blinds?

Words fail me.

I absolutely see your point but there is a specific point in the contract about it being as clean as when it was handed over. There was also a specific point about keeping the fixtures and fittings not destroying them.

I will just be refunding the whole lot and doing it properly next time!

[anonymous-user]

Grunt Futtock said:

I'm assuming I am fked as I didn't do things properly , am I better returning the whole bond and swallowing the hit ? I don't have a leg to stand on do I?

You should send a bit extra, just to make up for even having to ask.

[CABC]

I understand it's been 5 years and the person maybe old, but the presumption by some posters that a contract is worthless is pathetic.
I too would say, on balance, move on. Just don't take posters above as tenants.

[Magic919]

Giving it all back will be cheaper than paying a penalty for not protecting the deposit.

[InitialDave]

Magic919 said:

Giving it all back will be cheaper than paying a penalty for not protecting the deposit.

The two aren't exclusive if the cat's now out the bag.

OP, I think you may have dropped a bk here, if you had realised you'd not been doing things in line with the deposit scheme before the time came to return it, it may have been better to have given it back cheerily and not given anyone reason to stick their nose in.

As it is, I suspect you're going to want to give them the money back right now and be nothing but sweetness and light about it, hoping the son doesn't decide to drop you in it.

[alfie2244]

Illegal not to register the deposit I do believe....IMO give it back in full PDQ and hope it doesn't come to light.

[Tebbers]

Refund the deposit immediately and hope he doesn't take you to court for 3x the deposit amount plus costs.

[economicpygmy]

You're supposedly running a business with costs and responsibilities. Just refund the deposit. And £500 for 3 blinds? You'd have been 'fked' anyway. It's a rented house, you just need something cheap.

Edited by economicpygmy on Thursday 25th May 23:31

[Blaster72]

Grunt Futtock said:

Ok, long story short I didn't put the security deposit from my tenant in an approved scheme.

I'm assuming I am fked as I didn't do things properly , am I better returning the whole bond and swallowing the hit ? I don't have a leg to stand on do I?

Yes, return the deposit in full and move on.

You can be fined between 1 and 3 times the deposit amount for not obeying the law and protecting it in the scheme as required. Let's hope your ex-tenants family don't know this and take you to court.

[Triumph Man]

Blaster72 said:

Grunt Futtock said:

Ok, long story short I didn't put the security deposit from my tenant in an approved scheme.

I'm assuming I am fked as I didn't do things properly , am I better returning the whole bond and swallowing the hit ? I don't have a leg to stand on do I?

Yes, return the deposit in full and move on.

You can be fined between 1 and 3 times the deposit amount for not obeying the law and protecting it in the scheme as required. Let's hope your ex-tenants family don't know this and take you to court.

As said above, you can be absolutely reamed if you don't put it in a scheme, so give it back and feel that you got off lightly!

[ILoveMondeo]

After a 5 years tenancy a few hundred quid is peanuts, just hand the money back.

I've been done for the best part of £6000 of work after a 2 year tenancy, managed to get £500 out of the deposit scheme to go towards it...

Whole house was filthy, food up the walls, carpet knackered, fleas (yuk), broken cooker, broken washing machine, loads of stuff.

Just swallow it, sounds like you had a pretty good run with that tenant really.

[Mandalore]

CABC said:

I understand it's been 5 years and the person maybe old, but the presumption by some posters that a contract is worthless is pathetic.
I too would say, on balance, move on. Just don't take posters above as tenants.

This^^

Take the hit and use the experience to hold them to contract next time.


And just be thankful it was an old lady this timeand not some utter cretin who thinks him/herself better that everyone else and beyond social norms.

[Rangeroverover]

hashtag said:

Do the honourable thing. the tenant was clearly elderly and possibly needing additional care.

Return the deposit in full.

I agree, just send it back, if the son goes after you it will cost you way more.......also 3 blinds, just look at 24/7 blinds cheap and v good

[anonymous-user]

500 quid for blinds what did you take the first quote. give her the money back you fcked up move on.

[Blaster72]

Mandalore said:

CABC said:

I understand it's been 5 years and the person maybe old, but the presumption by some posters that a contract is worthless is pathetic.
I too would say, on balance, move on. Just don't take posters above as tenants.

This^^

Take the hit and use the experience to hold them to contract next time.


And just be thankful it was an old lady this timeand not some utter cretin who thinks him/herself better that everyone else and beyond social norms.

Not this, what the OP has done is illegal. The tenant is perfectly within their rights to take the landlord to court for not protecting the deposit in a scheme.

I agree the tenant should have made sure the kitchen was professionally cleaned if they couldn't do it themselves and recompense the landlord for any damaged blinds but the landlord is running a business and needs to be more careful.

You can't hold someone to contract when you've not made the effort to make sure you're within the law yourself.