Question re deposit for renting a property

[curlysmum]

My partner rents out a property , he has been showing it for about 3 weeks and finally found some people on the weekend who seemed nice and stated they wanted it. However when they came around the next day they came again without the deposit despite stating they would. He advised them he would not hold it until they had paid something to show commitment ,it was a Sunday so they said they could not get to the bank etc etc so they went to the cash point and gave £300 (deposit shd be £900) agreeing to be back the next day with the balance , today they now say they cannot come back with the balance until Thursday or Friday, we had to phone them to find this out.
He has put off other people who had the full deposit on Monday as they seemed genuine, we could phone back the others but they may have found somewhere else now and do we have to give them back the £300 as I am very dubious of these two fellas now ?

Surely their behaviour is a sign of things to come re: paying the rent??? I'd ditch them now and get some reliable tenants.

I'd give them until Friday to give you the rest of the deposit, if they don't give it to you then refund what they have already paid. I would also ask for references. They have not got off to a very god start really.

Kick them by the curb, you owe them nothing. Look after number one !!

Agree with Izzy they have already shown you their non-suitability as tenants.

Ring them up, tell them you will continue to market the property and if someone can come up with full deposit/references etc before them then tough shite basically.

I would contact the others and give the £300 back. They have already messed you around enough. They dont seem like they would be great tenants.

I think you may be right but unfortunatly i'm fuming as the others have now found other properties and it took 3 weeks to get these, they seemed so genuine we have given them a deadline of 8pm this evening but do you think we are able to keep their £300.00 if they don't turn up , people are just so unreliable , I just can't believe its turning into a nightmare again

no i would give it back less 30 for admin costs!!

You need to be careful because there are new regulations covering deposits on rental properties. They have to be kept in a special account by a particular Tenancy Deposit Scheme.

See here: www.citizensadvice.org.uk/index/campaigns/policy_campaign_publications/parliamentary_briefings/pb_ho using/crtenancydeposit_scheme.htm

Your solicitors or your letting agents will be able to advise you.

Also here for more up to date (just noticed the CAB link was from 2003

www.direct.gov.uk/en/TenancyDeposit/index.htm

I wouldn't rent to them - they sound like a nightmare and as others have said - a sign of things to come etc with rent.

But I would DEFINITELY give them back their £300 - there are new laws about this and I reckon you could get into trouble if you hold onto their deposit when they clearly can't have done anything to damage the property (which is what the deposit is for after all).

I am not a lawyer so I may be wrong about this - but I think a small claims court would say that you have absolutely no right to hold onto their money - they haven't signed a contract with you so they are not in breach of any contract - they haven't damaged anything - they are not in arrears with rent. I can't see what your case is for holding onto it - apart from inconvenience to you - which is not what the deposit is for.

Get rid of them. They sound like trouble.