How to get tenants deposit paid to landlord for repairs - tenant has gone

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    How to get tenants deposit paid to landlord for repairs - tenant has gone

    Took joint tenants (husband and wife who have split up) to court (they didn't attend) got a possession order & judgement for the rent arrears and interest in total about £3,500.

    Chances of ever getting this back are pretty slim...

    One tenant moved out some months ago, remaining Tenant left by the possession order date - they haven't returned the keys, not left a forwarding address, property is dirty, full of rubbish, lots of damage and some fixtures have been removed........basically will cost about £ 3K to put the place back to how it was when they moved in....

    I had assumed it would be easy to get the £750 deposit returned to me 1) I have been awarded a money order by the court and 2) the damage and cost of repair is pretty indisputable.

    The Agent who I used to let the property (a well known national co) has informed me that the Deposit protection scheme where the deposit is held - will not release the deposit to me.
    1) as the court order for the £3,500 doesn't specifically state they should forfeit the deposit.
    2) the arbritation process is only valid if all parties agree to enter into it - unlikely to say the least as one party isn't contactable.

    I'm told I need to go back to the court to get a money claim (again my cost) for the deposit to be paid to me.

    Frankly this seems absurd any advice would be welcome.......also how can i initiate a claim when I don't have a address?

    #2
    The exact same thing has happened to me at the 'minging bungalow'.

    I believe that you will, indeed, have to make a claim to have the deposit returned to you. If this happens you can have the satisfaction that both tenants have a second CCJ.

    If you have the mobile no for the T then text him asking him for his new address and say you'll write to him at his old address in two days time and that if he doesn't want to you know his new address then he must contact Royal Mail and have his post redirected.

    Yes, it's absurd. Afaik, if you have the insurance kind of deposit protection then the landlord actually has the deposit in his possession so I think it might be easier to keep the deposit.

    Comment


      #3
      The agent is wrong.
      If the deposit is held in a custodial scheme (i.e. the company has the actual money) there will be a "single claim" process to recover the deposit.
      It's a standard form and the only fiddly bit is the need to get a solicitor to confirm your identity, which costs a tenner or so.

      There's no need to sue anyone.
      This happens, as you can imagine, quite a lot.

      You can sue the tenant(s) for the rest they owe using the rental property address as its the last address you have for them,
      Hopefully, they're getting mail redirected, but if not, you'll win by default and the resultant ccj will be a nasty surprise next time they need credit.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        This gets worse, the deposit scheme was arranged through Entwistle Green, I have raised the point about the "single claim process" only to now be advised by the agent that the scheme does have such a facility BUT can only be used by the Tenant. Not the Landlord.

        I have pointed out that surely the Agent should be acting in the Landlords best interests and why therefore do they provide a T Deposit scheme which in this instance is 100% stacked in favour of the Tenant?.......have asked for a copy of the Deposit scheme T & C's..........Landlords with deposits in the same scheme beware....


        Comment


          #5
          Just been advised by the agent the deposit is held in the "My deposits" scheme.....if anyone familiar with this scheme in these circumstances than any advice would be welcome as the chances of speaking to anyone is slim due to the current call volumes.....

          Comment


            #6
            If they are not contactable, then you can make a statutory declaration. the only issue would be, as is the case I am going through which is similar i that tenant left teh country with arrears and masses of damage, but actively told the DPS he was unwilling to use the dispute service and therefore I have to go to court to get teh deposit.

            Comment

            Latest Activity

            Collapse

            Working...
            X