Join the Residential Landlords Association

Member Forums - Report Post

If you wish for the RLA to contact you regarding this report please remember to provide contact details.

Please Note: - This facility is for reporting of abuse or other breaches of the forum rules. Please do not use this facility to reply to the post as your response will not appear here - to reply please use the quote option.
  1. Please do not post RLA enquiries in these forums. Any enquiries should be sent to info@rla.org.uk.
  2. Please note that the initial message in any forum conversation on this website is viewable by the public.
  3. For security reasons, please do not include your membership number within the title or body of your forum post.
  4. You must not include any personal details relating to your tenants, such as their names and addresses, in your postings.
  5. You must not use the forums to advertise your service or business. Please use the RLA's suppliers guide for all advertising purposes.
  6. Any content deemed as advertising, inappropriate or does not meet the RLA's code of conduct will be removed from the forums.
  7. The RLA cannot be held responsible for any posts made in these forums by non-RLA staff
Report a post:
andcob said: Posted on: 08/10/2016 00:35

Hi, I forgot to protect my tenants deposit and am now being taken to court. The deposit was £1790, double the monthly rent. The tenant has claimed £5k.

I granted a 12 month tenancy which expired on around 5th September 2016. My tenant failed to provide notice until I asked her what her plans were on 20th August. At that point she said she was going to move out at the end of the tenancy.

I advised that she needed to provide one months notice from the date of the next payment date, thus continuing her tenancy until 5th October.

I then went to inspect the property which was in a very poor state. When the rent was taken into account I calculated that she owes me some £500 in addition to the deposit sum.

When I asked for this sum she asked for the deposit protection details, at which point I realised I hadn't protected it. I immediately took measures to protect it, but this was not until 7th September 2016.

She retained the keys until 12th September. I did not realise why at the time.

I have today received a copy of the court claim form and court order awarding her £5000. I did not receive the claim form and can see that she sent it to the rental property address in time for her to collect it before she returned the keys to me.

I will apply to set aside the judgement as it appears to be the only option I have at the moment, other than paying her £5k, which I would rather avoid.

Do I actually have a defence in this matter? I am of the opinion that her tenancy continued until 5th October or. When she handed the keys back on 12th September and whilst I accept I should have protected the deposit some 12 months prior, I believe that I protected the deposit within the tenancy period. Will the court take the same view however or are they likely to uphold the award of £5k.

My agent provided the tenancy agreement which was not Rla linked. I can email a copy across.

Landlord & Investment Show London Olympia 2019
Ideal Flatmate
99 Homes
John Pye Auctions