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Question

Deposits and Tenancy Deposit Schemes (England)

After late lodge of deposit, I have agreed to pay via Tomlin Order two times penalty signed by them.

21 May 2017 | 2 comments

The Tomlin Order signed by both parties states that I have to pay by a certain date into their specified bank account. The date is approaching and tenants have as yet not supplied bank details after several requests. The Tomlin states that they will vacate on a certain date, with part of the payment being usd for a months rent and and for redecorating. The deposit has been returned with photo evidence being placed under door but has not been presented. Do tenants have to stick to the signed Tomlin Order and vacate on said date, I am told I no longer have to serve a Sec21 as they have agreed to vacate. All other documents are in order and have been presented to them.

Answer

2 Comments

  1. guildy

    A Tomlin order is a form of consent order and so if breached can be enforced by the court.

    Is it possible to contact the tenants solicitor – by signed for post – to explain the tenants haven’t provided bank details yet and asking them to chase this up.

    Maybe you could drop in another cheque for the balance like you did with he deposit element? If they don’t bank it but then supply bank details, you could always cancel the cheque before paying into the bank (to ensure they don’t get paid twice)?

    Just make sure everything you do is well documented.

    If they fail to leave on the date given in the order, you would then need a possession order from the court (we can see why you’ve been told no section 21 is needed because they have effectively given notice to quit to you). It is possible the order you have is actually a possession order in which case you could move straight onto bailiffs but you would need to check the wording of the order carefully to ascertain this.

    • Zanjueuk

      Thanks, for advice, tenants have given details this morning, with just one day to spare. Payment made by me today with copy to my solicitor. They are not represented.

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