Didn’t protect deposit and tenant turned nasty taking us to court for 6 times deposit!

You only have a requirement to protect a deposit if the tenancy is a 'shorthold tenancy' which for the purposes of the Housing Act 2004 means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of the Housing Act 1988.

From the information above, this appears not a shorthold tenancy and so there was no need to protect the deposit.

Happy to assist with the legal advice and assistance further.

The Deposit Penalties are Per Deposit, NOT per tenancy.
If the most money you ever received as a deposit was £850, your worst liability is 3 x £850.
Court Deposit prosecutions have shown a tendancy to fine 'First-time' novice landlords Once x the Deposit.
By all means get a consultation with a solicitor, but also take some responsibility for launching yourself into the property business without joining one of the Landlord associations and getting advice. That said, best of luck.
Chris

Reply to the comment left by "Chris Daniel" at "08/10/2015 - 20:17":

"The Deposit Penalties are Per Deposit, NOT per tenancy."

It is indeed per tenancy in the law. A deposit is linked to a specific tenancy and the whole deposit protection law kicks in every time a new tenancy is created (which caused a bit of an issue in the Superstrike case).

However, here there is an argument that the deposit did not require to be protected at all.

I would go with the we are live in landlords and it was never described as an AST.

At the end of the day the tenant will have to come up with tenancy agreement for their solicitor.

I had one and they kept sending emails demanding money. Make no mistake I was worried until I looked at the tenancy agreement and it said no deposit was taken. But they tried all sorts to get money from me.
Just goes to show how people you think are decent only turn out to be dishonest.
Plus at the start of there agreement there was no need to protect deposits.

Don't ignore this but be careful anything you say or text. That it wont come back on you.

National Landlords Association cost about £80 a year you get all the documents you need and free advice.

Hi Laura

I believe it has been said on this site that whatever documents and people might say, it is the underlying reality that determines whether or not a tenancy exists and what type of tenancy.

Thus referring to a resident landlord situation as an AST, does not prejudice you (when in front of a judge). However, this does not stop a solicitor and their client trying it on. As suggested, perhaps you could treat the trying it on as both criminal and civil harassment.

If I'm wrong anyone, please correct me.

What happens if you have protected the deposit but you did it late.

Will that prevent the granting of a section 21 notice

The deposit regs does not apply to excluded occupiers. If you are a resident landlord the tenant will not be tenants, they will be excluded occupiers.
A resident landlord is where under the terms, the occupier shares any accommodation with the landlord.

The shared garden could therefore be imporatant (unless there is any other part of the accommodation that you shared?). If the shared garden qualifies as sharing 'accommodation' you could potentially have a case to claim you are a resident landlord and they are excluded occupiers? May be worth taking advice on that.

If the actual tenancy agreement that was signed by all parties was an AST format then surely it was legally an AST, regardless of the annexe/family house situation?? I don't know, I'm not knowledgeable in these matters, just kind of seems logical...

Anyway your solicitor will be able to advise you on that. Good luck Laura...hope it all works out in your favour.

I don't think this is an excluded occupier tenancy and nor do I think you have to rely on the garden being the shared accomodation. It sound like a non assured tenancy agreement which can apply in one of three situations one being specifically where a resident landlord in their main or only home DOES NOT share accomodation with the tenant. No deposit protection required either. Perhaps a call to the solicitor, or better a letter suggesting that he advises his client to desist in their actions as they could lead to a criminal charge of harrasement and possibly demanding money with menaces. He might get the message.

Laura if you want some help - contact detail on my profile.