Forgot to secure deposit

[anobbs1963]

Hello, I am new to this and didn't pay into a deposit protection scheme (you can throw brick bats now).

Anyway the people in question are thouroughly unpleasant and anti-social to my other lovely tenants and I want them out.

Their tenancy runs out at end of January, and I issued them section 21 end of November (though I am now aware that not securing deposit invalidates this)

Can anyone offer some advice which will move this forward. I will tell you what I know already. That I could have to pay up to 3x the deposit to them. That the section 21 is not applicable until their deposit is protected.

I am thinking along the following lines. Secure their deposit now, so that even though I haven't complied with the legal framework I have at least "done the right thing" even though it is late so if they do take me to court this might mitigate things. If they do take me to court will I have to pay the costs?

I am not sure if they know the legislation, but I am assuming given that they are not nice people they will try and exploit my mistake for all its worth. What I don't want to do is give them the info needed to have a go at me.

There is a legal case that I have skim read (Draycott vs Hannell) whereby the landlord put the deposit into a scheme after 30 days and my feeling is that they didnt have to pay back more than the deposit. I may have got the wrong end of the stick on this, but any feedback appreciated on this case and its relevance to me.

I look forward to hearing from anyone

Regards

albert

[Crazy council]

Re: Forgot to secure deposit

Hi

It all depends on how the tenant eracts, firstly, put it in a deposit protection scheme. Then, serve them the section 21, and deal with it if they formally object.

Its only if your trying to withhold repaying the deposit you may have problems, do they have any rent arrears, are any of there anti social incidence recorded.

[anobbs1963]

Re: Forgot to secure deposit

Hi

It all depends on how the tenant eracts, firstly, put it in a deposit protection scheme. Then, serve them the section 21, and deal with it if they formally object.

Its only if your trying to withhold repaying the deposit you may have problems, do they have any rent arrears, are any of there anti social incidence recorded.

Thanks for that. I am quite happy to give them the deposit, I just want them out as they are not nice for other tenants to put up with. I have 2 tenants who have given me verbal and written complaints about them and one of them went to the police to say he felt intimidated by their behaviour, so its one word against another in that regard.

I can take a bit of a financial hit on this for being daft, but I don't want to suffer the 3x option as that seems totally disproportionate as I have no malevolent intent. I know things tightened up in 2012, but dont know if the courts go for the jugular and seek the 3x option or recognise the fact that people can act in a naive but not nasty way with deposits.

[anobbs1963]

Re: Forgot to secure deposit

The overall consensus from another forum is to return the deposit. This is a letter I have drafted to send to the tenants to remind them of the end of their tenancy (I gave them 2 months notice on what I know is now not a valid section 21 at end of Nov)

"This is just a reminder that the tenancy agreement we have runs out on the 31st January, 2015. I will not be extending the tenancy period. I have returned your deposit to your bank account by an electronic transfer. We will need to arrange a time on the 31st January to meet so I can get your keys. I would appreciate it if you could respond as soon as possible to this email so that I can make appropriate arrangements."

If anyone has any suggestion for removing/adding anything let me know. Thanks