DPS - Threat of Court Action.

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Until last year, and for over a year, I rented 3 rooms in my house to tenants. Last year I moved into a new property and rented the 4th room out in the original house.

All was well as a new landlord until a new tenant moved into the shared house in March this year and has proven to be an alcoholic with serious hygiene issues. These issues have resulted in numerous complaints from the other 3 tenants and threats to leave unless they are addressed.

During a discussions with this individual 10 days ago I suggested that it might be better for him to find an alternative home - to which he agreed. Following this discussion it would appear that the tenant has taken advise and has now requested a copy of the signed 6 month tenancy agreement (which he does not have), a letter requesting him to leave the house, and confirmation of return of his full deposit. He has also informed me that he is aware that his deposit has not been placed in a Tenancy Deposit Scheme which is a requirement by law.

I am at a bit of a loss as to how to move forward. I am NOW aware of the TDS, something that I didn't need when living at the house but, as I understand it, a requirement now I no longer live there. Completely my fault - as I understand ignorance is not a defence!

I have obviously exceeded the 14 day requirement to secure the deposit and now fear the tenant will pursue me in court for the full deposit + 3x the amount. I am also concerned about providing a copy of the agreement (if I can find it) or providing a written request for him to leave as this is not what I did (even if it is what I want!)

I have also read that if the full deposit is returned then the tenant cannot pursue me in court for 3 times the amount for non DPS compliance?

Should I arrange to put the deposit in the DPS now - or is it too late?

Any info., views, help or advise gratefully received.

18/06/2011 00:00

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