Deposit protection scheme
Tenancy Deposits

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4 Posts
10 years ago
We are landlord of one of the other property in Bedford. The tenant is living in the property for last 15 months. The initial written contract was drawn for 9 months period which was extended verbally further for six months. In Aug 2013 the tenant confirmed that he would be staying further for 6 months after Oct 2013. However due to change in his working circumstances, he gave me a month notice and requested to allow to vacate the property on 28 October which I agreed for. I made a visit to property few days back to check necessary repairs needed before arranging prospective viewing. I was shocked to see how the property was misused in last few months. On the same evening I have sent him the list of repairs expected from him and requested to arrange it sooner so I could start viewing. He agreed for few of them but refused for some repairs/ replacements. I advised him that I could arrange the other repairs needed from him and he will be needing to pay for it directly to maintenance or to me. I gave him an option to deduct the amount from his deposit (£795 equivalent to a month rent).

He not only refused to make payments for repairs directly or from deposit but rather threatened me to take a legal action as he now realised that the deposit is not protected under any scheme what we should.
We have never stated in the contract that deposit will be put in the protection scheme and he was aware from very beginning that I would be holding deposit with me.Till recently (last 2 days), he never raised any concerns that his deposit should have gone into DPS.
I requested him that we can now make deposit secured to solicitor or make deposit to one of the scheme if he is concerned about its misuse.
I understand that ideally I should be making the deposit to DPS to avoid any conflicts but it was never discussed or requested by tenant before and we were not aware of that services either.
As soon as he made me aware of DPS, 2 days back, I have put his deposit money in custodial DPS.
I am requesting him to get the necessary work sorted so I will start viewing to be arranged. I told him that if he refuses to arrange repairs, then I will be needing access to property on 5/6 oct for repairs and I will send him relevant bills after.
I offered him a mutual agreement for repairs which he refused.
As mentioned, the tenant not only refusing to make some of necessary repairs but rather saying that he will be proceeding for legal action and will issue a legal notice to me to pay him penalty related to not protecting his deposit at the start of tenancy.

Your urgent help and advise is appreciated.

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