what would the situation be if missed the 14 day Deposit scheme(DPS),landlord needs advice.

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C
Chippy
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I know of a situation where landlord took part of deposit(300.00) didnt put it with the DPS within the 14 days but has done with all other properties he let out because tenant said they would pay the rest the following month (there are email corrospondents by both parties confirming this ) as landlord said wanted to pay in one go to DPS.again in emails.the tenant hasnt disputed the deposit,YET!
but tenant stopped paying rent this month due to relationship break up.landlord sees no extra deposit going to arrive this month. wants to come clean with the DPS but feels if puts on the dps form when received the part deposit 3 months ago, will be prosecuted so in a trap 22 situation.and the leading tenant has left the property.no court action or letters have been sent from tenant to landlord about deposit not protected.
the dps told him best thing was to hand the part deposit back to the tenant and tell them to pay in full when they have the money(in this situation he knows he will never see this money again!!)but if the cash was paid back does that stop the tenant able to take the LL top court over deposit??(does that put an end to it??)

does anyone know if the dps is paid late but at least paid he wont have to pay 3x deposit to tenant??

also when it says 3x deposit to tenant is this the amount on contract even if only paid part of the deposit has been paid??

please can people give him advise or their experiances..

The landlord has learnt a lesson whatever the outcome here.

look forward to your replies..

23/11/2008 00:00

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