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Landlord needs help. Tenants not paying rent and claiming deposit via s.214


Britannia1
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I rent a Bungalow to Lithuanian Family in Southampton. They have rented since June 2009, paying on time with the last rent of £850 received in December 2009. AST until June 2010.

 

I was informed Police had placed the Wife and 2 children placed in sheltered housing for their protection in January 2010. Shocked at this I met the Husband, who was threatening towards me and demanded I return the deposit of £850, which I explained was protected and I would place the AST now with Property letting agents.

 

Agent visited the property and informed me the Wife and children have returned. Now tenants not paying rent and tried refuse to deal with agent. Tenant paid £20 into my bank account, I returned saying this was wrong, rent must be paid to Agents and is £850. 2 months in arrears, so Agent issued s.21 and s.8, charging me £100 as no 10% from rent as rent not paid.

 

Tenant said, guttering need cleaned, wanted copy buildings insurance, copy electrical certificate and basically trying to raise complaints on the property. But I have give all certificates again and the property is in good order. The tenant is just trying it on.

 

Now the tenants have sent me Southampton County Court claim CPR 8 to claim x 3 deposit and deposit being £3,400 and court cost is paid to him under s214.

 

I am shocked at this. I gave a stand alone tenancy deposit document issuing details of my deposits.co.uk scheme that I was using was using to protect the deposit of £850 on 12/05/09 and AST signed and provided. I then fell ill and it took a few weeks for me to feel better and immediately I was better I transferred the money from the bank to my deposits.co.uk, recording on 17 July 2009. Tenancy started 15 June 2009. I subsequently informed my deposits and paid another fee to get the form to show the correct date of receipt being 12 May as per signed paper tenancy deposit paperwork as I used a Law Pack tenancy deposit paperwork and AST.

 

My understanding is since the Draycott v Hannells lettings Ltd case because I gave paperwork and a letter dated 12 May 2009 the day I received the deposit then subsequently felt fit enough to place with my deposits. Co.uk I have met the rules of s214(3) being the deposit is protected, so how can a judgement be made to protect the deposit when it already is protected, thus s214(4) request for x 3 payment of rent as a penalty to the landlord is not applicable.

 

I hope this is the case as the tenants are coursing me severe stress and I am paying a £900 mortgage for them to live rent free, which is stealing then if they claimed £3,400 being x 3 deposit, plus costs, how can that be fair?

 

Could any legal adviser give their input on this please ASAP as I have to reply within 14 days of 19/02/10. On the part acknowledgment of service (part 8 claim) document, which part do I complete, on parts A to E?

Thank you very much.

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