Can L deduct from deposit (unpaid rent owed by T)?

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  • Can L deduct from deposit (unpaid rent owed by T)?

    Can LL deduct rent arrears from deposit?

  • #2
    Not advisable unless you have assessed dilapidations first.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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    • #3
      Presuming the deposit is in a 'scheme', any proposed deductions that are not agreed by both parties can be taken to the schemes arbitration service or dealt with in the county court. As a rule, the arbitration service would ask the landlord to prove rent is due (eg tenancy agreement + rent statement) and the tenant would have to prove that they had paid any rent that wasn't shown on the rent statement.

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      • #4
        rent arrears from deposit

        can LL take rent arrears from deposit even though property was vacated by tenant 10 days only into of 11 month contract ? Joint assured tenancy. First 8 weeks rent was paid. letting agents refused to give tenant LL's contact details, so did their solicitors.They wrote that she had no right to the information.

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        • #5
          How did the tenant have rent arrears after 10 days if they paid 8 weeks in advance?

          What "contact details" did the tenant want?

          What address was on the tenancy agreement?

          Why did the tenant leave the property?
          Allow tenants to protect their own deposits. I want free money when they do it wrong

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          • #6
            T is liable for rent upto the end of the fixed term or any break clauses or if they find a replacement.

            Rent from deposit, normally yes, if the contract states it can be.

            As long has you got an address, where rent and notices to be paid you have to pay it.

            They do have to supply you with contact details for the LL, but whether it's his home address is another matter, specially if they a good reason not to. As it his solicitors say they not giving you the information, I guess they got a good reason.

            Are the solicitors, LL solicitors or agencies solicitors? And what reason are they giving? And why do you want to speak to the LL directly?
            Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

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            • #7
              She left because of harrassment and cyber bullying by other joint tenants
              having paid £300 deposit and £600 rent in advance

              She wanted a postal address for the landlord. The LA's address was on tenancy agreement.

              She wanted to inform landlord of reasons for leaving and that she had been verbally misinformed by LA that because of the circumstances all she would have to pay was an admin fee of £130

              Thought it was law that LL 's contact address (not La's) had to be provided within 21 days if requested in writing by tenant

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              • #8
                Originally posted by Butterfly3 View Post
                She left because of harrassment and cyber bullying by other joint tenants
                having paid £300 deposit and £600 rent in advance

                She wanted a postal address for the landlord. The LA's address was on tenancy agreement.

                She wanted to inform landlord of reasons for leaving and that she had been verbally misinformed by LA that because of the circumstances all she would have to pay was an admin fee of £130

                Thought it was law that LL 's contact address (not La's) had to be provided within 21 days if requested in writing by tenant
                Section 1, Landlord & Tenant Act 1985. Failure to supply address within 21 days of WRITTEN request is a criminal offence (ie Police) with a fine of up to £2,500.

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                • #9
                  Originally posted by Snorkerz View Post
                  Section 1, Landlord & Tenant Act 1985. Failure to supply address within 21 days of WRITTEN request is a criminal offence (ie Police**) with a fine of up to £2,500.
                  ** No. It's a Local Housing Authority function. See s.34:

                  34. Power of local housing authority to prosecute.

                  Proceedings for an offence under any provision of this Act may be brought by a local housing authority.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

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                  • #10
                    Thanks. So I inform the local housing authority and it's their descision whether or not to prosecute? Methinks they won't coz they can't be bothered. However I'll try.

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