I rented my Property out on a 12 month AST. The AST contained the clause that the tenant could vacate after 6 months, providing I was served two months notice.
I was undergoing surgery at the time the AST began and did not protect the deposit.
After 3 months, the tenant wanted to vacate and emailed to say that I could keep the deposit if I allowed vacation to take place – I have written confirmation of this.
The tenant has now bought a Claim against me for the 3x penalty for not protecting the deposit.
I understand that I am in the wrong, as the deposit should have been protected.
The question is, as the tenant gave up the deposit upon leaving the Property, can she bring a claim?