Tennant issue

L1985

Hi guys. Firstly please no judgements as I know mistakes were made. Tenants moved in three years ago-they wernt registered with the prtb (I know!!). Bank took over the house two months ago. Before they did I met the tenants and told them the last months rent would serve in lieu of deposit. All agreed. I didn't get it in writing as the had been v good tenants and never seemed any issues. Now they just rang me saying the bank wouldn't pay their deposit back-I said no why would they as we had already paid it. He's saying he's going to the prtb. He said he was going about repairs he had to pay out as well but I bit back fairly fast in this as we have receipts from all the trades people that went through there and he backed completely down on the repairs. I have receipts from every month except the last month. They didn't pay the rent to the bank until the month after. Do we have a Leg to stand on or is the fact we didn't register it with the prtb automatically discount us? I'm raging I was so naive. I don't want to pay them on principle!!! Also how long does the prtb process usually take? Any constructive help would be appreciated-thanks all.

Samuel T. Cogley

Generally when the bank is called in you remain liable, however they should have registered with the RTB, do you know if they have or not. If not it *may* be their problem not yours. My suggestion is speak to FLAC and see if a lawyer can shed some light on it for you.

L1985

They haven't registered. No I know we remained liable that's why we waived the last months rent-we paid them back the deposit. Not sure how kosher everything was with them-he lived there and was paying cash but she was registered as a tennant and wanted him off of all documentation!! If they haven't registered is there a chance we could be ok? They have left the house now and the tenancy is terminated

Samuel T. Cogley

L1985 wrote: »

They haven't registered. No I know we remained liable that's why we waived the last months rent-we paid them back the deposit. Not sure how kosher everything was with them-he lived there and was paying cash but she was registered as a tennant and wanted him off of all documentation!! If they haven't registered is there a chance we could be ok? They have left the house now and the tenancy is terminated

Eh? So you had one tenant registered with the RTB?

L1985

No sorry. Just everything utilities wise etc was in her name. We didn't register any tenancy.

Samuel T. Cogley

Okay, I'd probably get it registered but look for other advice here first. There are people much more knowledgeable than I. All tax compliant btw? (No judgements - just that can be a bigger issue).

L1985

Yes completely tax compliant(have an accountant). Thanks for your help anyway samuel

Samuel T. Cogley

I don't think you've much to worry about if you can retro actively register the tenancy. You can when they're still in situ, after they're gone - pass sorry

Lux23

If the house was due to be repossessed than surely you shouldn't have made a deal like that with them? Or I am getting this wrong? Plus wouldn't the PRTB case be with the bank if they are now the owners?

joeguevara

Ask them to pay last months rent and you will pay deposit.

Fian

L1985 wrote: »

Yes completely tax compliant(have an accountant). Thanks for your help anyway samuel

Just make sure you are aware that under more recent legislation you cannot claim (75% of) mortgage interest as a deduction unless the tenancy is registered. That could potentially catch people out without their realising they have tax compliances issues.

Other than that 0 tell them you will repay the deposit when they pay you the final months rent, otherwise you can apply the deposit against that month's rent.

good luck