My Tamworth tenant is claiming 3 times the deposit after he has moved out!

Ask Lorraine

My old tenant is trying to claim back 3 x his original deposit due to him stating that I was 22 days late in protecting it.

My annual family holiday happended to fall the following day  after the tenancy started and I had no time in which to lodge the deposit.

The tenancy ended 9 months ago, so how can he bring this claim against me now?

Any advice will be gratefully received.

Thanks Ron

Lorraine’s Answer 

Changes made by the Localism Act in 2012 did clarify that ex-tenants can make a claim for a deposit penalty. Unfortunately, they have 6 years to make a claim.

The penalty is between  1 and 3 times deposit, however this is at the discretion of the court. (The court must give at least 1 x deposit).

I cannot say how the judge will rule as there are no mitigating circumstances for not lodging a deposit within the 30 day timescale, so the 3 x deposit may be awarded to the tenant.

With over 200 pieces of legislation on renting property, if not already, you should join an organisation for example “The National Landlords Association” they offer advice and assistance to landlords. Or you may want to think about letting an agency manage the property!

Until next week.

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