Beware what constitutes a deposit.
Tenancy Deposits

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4 Posts
9 years ago
My tenant and I agreed the following prior to exchanging contracts.
Four days prior to taking the property she paid four weeks rent in advance and I gave her a receipt stating four weeks rent in advance.
My tenant was honest enough to say that she was afraid that she may not be able to save the rent weekly for her second months rent, and offered to pay weekly from day one of her four weekly in advance contract.
Over the next year rent arrears accrued and I issued a Section 21 Notice.
This case was held in Court last week and within five minutes,the Judge ruled that I had received a deposit and should have protected it,therefore throwing out my repossession claim.
I tried to persuade the judge that this arrangement was for the tenants benefit not mine.
The judge appeared totally anti Landlord and would not even look at the receipt I gave the tenant.
I am now in a position where I cannot get my house back and arrears are approaching £1000 and increasing
I have spoken to the Legal team at RLA but have not got any realistic answer as of yet.
I will have to go back to them after this post
Any positive comments would be appreciated

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