did not protect deposit

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M
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Hi,
The tenant is 5 months in arrears in paying the additional expenses (they say they were not made aware of how much this amount was going to be). When the lease started i did not place their deposit in a protected scheme (I didnt even know to do so). They say i am liable for 3x the deposit amount.

1. Are there any situations in which i would not be forced to pay this penalty? For example I would like to place their deposit in a protected scheme now, and then ask them to pay the arrears.

2. If they still want to leave the property or take me to court, do i have any remedy to collect the full amount of the additional expenses outstanding, and also possibly get off from paying the 3x deposit to the tenant?

Kind Regards,
J


12/01/2010 00:00

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