Hi
My tenant has now left my property and deposit deduction agreed. He has now decided to tell me he did nit receive a signed copy of the certificate despite me posting it over a year ago He says hes seeking legal advise.
Why do this a year later when the mydeposit confirmed I’ve done nithing wrong as he had been given the prescribed information and confirmation it was protected by my deposits.
What dies he hope to gain.
I asked him to leave as he breached his contract.
Thank you
They hope to get compensated.
If push comes to shove make sure you stick to your guns. I don’t think they have much hope though as you have registered the deposit.
Going forward always get a signature from tenant to prove they have received all of the required documents.
How did they breach contract? Clearly they are doing out of revenge.
How long as he been a tenant?
As long as you have proof you gave him the prescribed information etc, then you should have no concern. If this was ‘just posted’ with no proof, then you may have an issue.
Im not familiar with the details of the Mydeposits scheme as I use DPS, but with their scheme, the certificate is an option and failure to send it would not be a breach of the deposit regulations. He will probably find he has no case against you, but since there is nothing you can do about it at this time anyway, Id simply wait and see.
do you have proof that he received it such as a signed statement to that effect?
A deposit certificate is not prescribed information and does not need to be given, although I always do along with necessary paperwork.
Without proof, and if they employ a no-win-no-fee solicitor, you will either have to settle, probably for 1 x deposit amount or go to court and risk losing which means you’d also be liable for their costs as well as your own on top of any fee awarded. The judge though may throw this out of court as a waste of time because there’s no proof that no PI was sent. It’s a gamble I’d prefer never to make which is why I always get a signature that PI etc has been received.
I think I can see the “issue” here as I am going through something similar right now. The tenant believes they should have a tenancy deposit certificate (TDS) but what we are given by mydeposits is actually only the prescribed information. They say that’s all they provide. I think this is what your tenant is referring to?
This topic was automatically closed 90 days after the last reply. New replies are no longer allowed.