jrsteeve
Member
Registered: 3rd Apr 02
Location: Manchester
User status: Offline
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Firstly it's 'tenants' and 'tenancy'
Secondly, you could offer a defence that they paid a holding fee, not a deposit, this is non-refundable. Alternatively you could say it was their first month's rent in advance. Either way it'd be non-refundable if they pulled out. If they have nothing in writing confirming what they paid was a deposit the judge may side either way.
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baza31
Member
Registered: 19th Apr 03
Location: yorkshire
User status: Offline
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They have a receipt saying deposit for rental of ...
If I gave him it back whats to stop him saying I hadn't and what's to stop me saying I have .
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Bart
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Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
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tbh, an empty house is better than a troublesome lodger.
sounds like you may have dodged a bullet there
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baza31
Member
Registered: 19th Apr 03
Location: yorkshire
User status: Offline
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quote:
Originally posted by Bart
tbh, an empty house is better than a troublesome lodger.
sounds like you may have dodged a bullet there
I agree. Not taking dhss now . If they can't drag their arse out of bed they ain't living there . I might ring him and offer half up .
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ChazSXi
Member
Registered: 26th Jan 03
User status: Offline
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If it has been less than 30 days put it in a TDS scheme and then let the ADR service argue over whether you get...
On the other hand say that it was a holding deposit which you were to protect upon the start of the agreement.
[Edited on 20-08-2013 by ChazSXi]
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baza31
Member
Registered: 19th Apr 03
Location: yorkshire
User status: Offline
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It's been a month and a half . I will ring the little cunt tomorrow . If I offer him half and he agrees what do I need to get to stop it in its tracks
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ChazSXi
Member
Registered: 26th Jan 03
User status: Offline
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quote:
Originally posted by baza31
It's been a month and a half . I will ring the little cunt tomorrow . If I offer him half and he agrees what do I need to get to stop it in its tracks
Consent order would be formal probably too formal. Just get him to sign something if you agree half to say its in settlement and there is no further cause of action
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VegasPhil
Premium Member
Registered: 16th Jan 05
Location: Fareham, Hants Drives: Octavia VRS
User status: Offline
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Sounds like you have been lucky to me. Rent it to the next person 
Corsa 2.0 16v Vegas - Sold
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LeeM
Member
Registered: 26th Sep 05
Location: Liverpool
User status: Offline
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like fuck id be giving it back based on a hand written receipt.
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Colin
Member
Registered: 4th Apr 02
User status: Offline
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I'd be taking them to small claims yourself sighting their time wasting at the normal rate of £55 an hour to cover your administration costs & labour costs plus materials for the fence they asked for, plus the months lost rent.
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Marc
Member
Registered: 11th Aug 02
Location: York
User status: Offline
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And electricity for logging in on here 
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baza31
Member
Registered: 19th Apr 03
Location: yorkshire
User status: Offline
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Am prepared to go to court but I can't be arsed getting fined. I have a text off him saying when will fence be finished and I replied it will be finished for when you move in . It's more than likely a court will side with these louts over me .
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LeeM
Member
Registered: 26th Sep 05
Location: Liverpool
User status: Offline
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just say you posted it back
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LeeM
Member
Registered: 26th Sep 05
Location: Liverpool
User status: Offline
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anyway, i just googled the tenancy protection, first line says this
"In England and Wales, if you rent your home on an assured shorthold tenancy that started after 6 April 2007, your landlord must place your deposit in one of the following tenancy deposit protection (TDP) schemes"
which they havent. theres no shorthold tenancy in place, therefore no need to use a tdp scheme
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LeeM
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Registered: 26th Sep 05
Location: Liverpool
User status: Offline
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https://www.gov.uk/tenancy-deposit-protection/overview
quote:
Holding deposits
Your landlord doesn’t have to protect a holding deposit (money you pay to ‘hold’ a property before an agreement is signed). However, once you become a tenant, the holding deposit becomes a deposit, which they must protect.
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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Why is he interested in the fence if he's not taking it?
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SXIBrad
Member
Registered: 7th Mar 13
Location: South Yorkshire
User status: Offline
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quote:
Originally posted by Ian
Why is he interested in the fence if he's not taking it?
Ian, I think he mean't that text was from a while back. So when he first asked for the fence to be put in.
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baza31
Member
Registered: 19th Apr 03
Location: yorkshire
User status: Offline
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Sorry yeh it was from before . Lee that's great that covers me I think .Thanks a lot for that . If you have any more ammo I can write on this letter or ways to word it is appreciate it .
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ChazSXi
Member
Registered: 26th Jan 03
User status: Offline
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quote:
Originally posted by baza31
Sorry yeh it was from before . Lee that's great that covers me I think .Thanks a lot for that . If you have any more ammo I can write on this letter or ways to word it is appreciate it .
As I said above re holding deposit. Thing is the argument will be whether the deposit was subsequently refundable or not....
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baza31
Member
Registered: 19th Apr 03
Location: yorkshire
User status: Offline
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Well if I read corre try its a holding deposit until the tenancy is signed then its a rental deposit which needs depositing in 30 days . He didn't sign a tenancy because he didn't answer his phone . I feel better for reading the above from the gov website .
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