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angie said: Posted on: 18/09/2019 12:58

Hi,

I have a problem tenant called GC who has been subletting my property for the last 13 years. I took his and 4 other's deposits but did not protect it at the time, after that i converted it to a hmo, when those tenants left 1 year later, GC did not and i told him if he knew anyone to let me know and i will let a room to them. He told me he'll take care of it.

Anyway through the years, i tried to see the new tenants but GC would always somehow make sure that they were out, so i would never get to meet the tenants. He was using my contract and bringing in new people as old tenants left without my knowledge. He was supposed to charge £300/tenant but was charging £500-580, pocketing the rest for himself.

In October 2018, one of his tenants contacted me, as he would ask GC how much the rent was and the bills as they were all paying different amounts, however GC would never tell them.

Someone they managed to get my contact details and contacted me asking me outright how much the rent was, i mentioned that it was £300 /tenant. Since then the tenants had a 6 months contract direct with me on one contract whilst GC was not on that contract, further, the bills were transfered to my name when before they were in GC's name. THe bills were paid to my by the 4 tenants and i was obliged to pay GC's bills on his behalf.

I served a section 21 notice in december 2018 and then a section 8 in febrary 2019, both of which i was told was illegal, because the deposit that was paid in 2008 was not protected therefore any notices would not be valid, however, my tenant GC has not paid rent since January 2019 and further i have been paying his rent and bills. I would like to know what i can do in regards to this, as beacuse i did not protect the deposit, it does not give GC the right to live in my house free and further i am not able to get him out as any notice is deemed illegal as i didnt protect the deposit.

I have given a cheque to him for his share of the deposit, furthermore given him a compensation of 2x the amount, i have contacted the other original tenants who paid their despoits but have not been able to find them to pay them back.

At the moment GC has brought a case against me to claim 3X £1400 for the original deposit they all paid in 2008 and after which time 4 of the original tenants have left.

I have tried to explain the situation as clearly as i can, please help.

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