Tenant deposit - reclaim of court fees

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    Tenant deposit - reclaim of court fees

    I have a tenant that failed to pay their rent. I have started possession proceedings and now they have paid the rent.

    If I decide not to proceed with possession would I be able to claim the court fee back from their deposit currently held by the Deposit Protection Service?

    #2
    Originally posted by scribbler View Post
    I have a tenant that failed to pay their rent. I have started possession proceedings and now they have paid the rent.

    If I decide not to proceed with possession would I be able to claim the court fee back from their deposit currently held by the Deposit Protection Service?
    If the tenancy agreement says you can, yes; otherwise, no.

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      #3
      Originally posted by scribbler View Post
      I have a tenant that failed to pay their rent. I have started possession proceedings and now they have paid the rent.

      If I decide not to proceed with possession would I be able to claim the court fee back from their deposit currently held by the Deposit Protection Service?
      Surely the deposit would be claimed at the end of the tenancy - yet you are specifically saying "not to proceed with possession". To redeem the deposit now would leave you in a vunerable position.

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        #4
        To clarify my position. I intend not to seek possession if the tenant continues to pay rent. At the end of the tenancy I would then claim the court fees back from the deposit paid by the tenant.

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