Timeline on giving tenant deposit back?

[NGEddie]

Hi all!

 

Need a little advice if possible please

 

I hope this is in the right place and as always feel free to move if not.

 

I have a house I let out, putting this as simply as I can, three people sharing and one becomes a nightmare for them to live with, so want her out, she gives me notice, but on moving out she causes damage to the house, she admits to this in front of me, a witness and another tenant and I make a guess at the cost to repair the damage. She asks if I can get an estimate in writing so I do, and it comes out higher.

 

Hear nothing, she then emails me saying she is getting a solicitor involved as despite the quote she requested its too much. I reply to the email and saying she can if she wants but I believe it fair and have an inventory report sayings its clearly more than just wear and tear. She moved out at the end of last year, think the email was in February and ive heard nothing since!

 

I just wanted to make sure I am doing the right thing, as she is not to be trusted and didnt want to get caught out by not giving the difference back or anything and then finding there is sometime frame where if I dont she has to have it all back or something silly!

 

Can anyone please give any advice?

 

Many thanks

 

E

[raydetinu]

probably best to post on the landlordzone website.

however, what sort of tenancy is it? did they all sign as a joint tenency?

do they have their own individual rooms with their own agreement and deposits?

Was the deposit protected as required by law?

Is it a house of multiple occupancy and licensed by the council?

[NGEddie]

Hiya, thanks

 

Its a standard shorthold, all three signed it, after the 6 months it rolled over then after she left a new girl moved in who is good as gold and all three signed a new one.

 

It is let as a house and not a HMO.

 

The deposit was put into the TDS via the agent as they did a find only service.

 

The complication being, when an ealier girl moved out and swapped places with a new lad, the problem girl and another girl who is still there paid the girl who left out for her share of the deposit. Somehow the girl who is still there and ok paid the problem girls share too, so bascially she owns if you like 3/4 of the deposit that the TDS has. So if anyone is to give the problem girl her money back, its the girl who is still there, minus my part for damages.

 

Talk about complicated!

 

Is this website you mentioned part of CAG?

 

Many thanks

 

E!

[Steve__M]

Who exactly is protecting the deposit?

 

If it is TDS, TDS are insurance-backed, which probably means that the agent is still holding the deposit.

 

If tenants have swapped then really the deposit should have been re-protected each time with the new names.

 

I believe one of the tenants should be listed as the main tenant on the deposit protection system. They are the ones who have to sign off any deductions.

 

Your post is quite complicated so I'm not sure who has paid what!

 

My feeling would be that I would pay for the damage, take it out of the deposit and then it is up to "problem girl" to take action to prevent it happening (which I suggest is unlikely to happen).

 

Personally, I would be wary of allowing an agent who has only done a tenant-find to hold the deposit as you may lose track of them. DPS is another protection scheme, but they have a system where they hold the money for you, and it is free to use.

[raydetinu]

You need to be carefull as its the LL who is responsable for the deposit protection! even if you let the agent handle it.

So if something goes wrong its you the LL that will be in the firing line.

So suggest you check all is as it should be, and whose name the deposit is held ( which tennant! ).

[NGEddie]

Hi and thanks for the replies

 

I just checked and it is the TDS, the agent did say though they did not hold it when she was trying to get it back from them before on several occasions!

 

Yes sorry its a bit tough to follow, as far as I can tell and keeping it simple

 

Person A, has been there all the time, and she owns her, plus bad girls share

 

Person B has paid person A

 

Person C had paid person A

 

So each have their part, plus that of bad girl.

 

I really need to nip this in the bud as sitting back and waiting for a reply that shall probably never happen is letting her be in control!

[Steve__M]

I just checked and it is the TDS, the agent did say though they did not hold it when she was trying to get it back from them before on several occasions!

 

 

 

If TDS are being used then someone is holding the deposit. If it is not the agent, who is it...???

 

If it's only about the money, I'd be more worried about this.

[raydetinu]

In whose name is the deposit being held, surely TDS can tell you that.

Also the TDS scheme is an insurance based scheme with actual deposit being either being held by the LL or the Agent!

Any valid claim against the scheme will be paid by them using the insurance part, if LL or LA do not comply.

Who holds the deposit??