Is tenant liable for rent to end of AST

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    Is tenant liable for rent to end of AST

    Hi,
    My tenant signed a 6 month AST but left within 5 months - giving only 3 days notice. As they liable for rent up until the last day of the tenancy is it possible to recover the amount from the deposit- which is with the DPS? Can't see the tenant agreeing to the money being paid to me, so what would I do if they disputed this?

    #2
    Originally posted by Harassed LL View Post
    Hi,
    My tenant signed a 6 month AST but left within 5 months - giving only 3 days notice. As they liable for rent up until the last day of the tenancy is it possible to recover the amount from the deposit- which is with the DPS? Can't see the tenant agreeing to the money being paid to me, so what would I do if they disputed this?
    Yes, in principle you should be able to recover it from the deposit. If T will not agree to allow you to keep the amount you are owed, raise a dispute with the DPS and they will adjudicate, then release the money to whoever they decide is entitled to it. You will have to submit your claim showing clearly when rent was due/paid, etc. See:

    http://www.depositprotection.com/
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      I agree with MTG, should be pretty straight forward, but if the tenant disputes your request for the deposit, it might be more straightforward to go through the small claims process rather than the DPS' arbitration service which has been known to make some strange decisions. The small claims process is quite simple and doesn't require the services of a solicitor. However, you might find it useful to obtain a book on the process - a number are available from your local library or Amazon.

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        #4
        Originally posted by Snorkerz View Post
        I agree with MTG, should be pretty straight forward, but if the tenant disputes your request for the deposit, it might be more straightforward to go through the small claims process rather than the DPS' arbitration service which has been known to make some strange decisions. The small claims process is quite simple and doesn't require the services of a solicitor. However, you might find it useful to obtain a book on the process - a number are available from your local library or Amazon.
        Yes, but if OP does that, doesn't he have to agree to let the DPS release the deposit to his T first? If so, there is no guarantee that he'll see it again, even if he does win in court. Bird in the hand, and all that. As long as T cannot prove he has paid the rent, surely it should be straightforward with the DPS?
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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          #5
          No, if either the T or the LL refuse arbitration, the DPS will sit on the deposit until either the parties agree or a court order tells them to release the deposit to someone.

          The LL just has to ask the judge to add to the order an instuction to the DPS to release to money to the LL - and of course, if the amount awarded is more than the deposit - the landlord can follow usual enforcement methods to obtain the balance (an option not available with DPS arbitration).

          It may not come to this. The landlord will make his claim for the deposit, and the DPS will write to the tenant with details, and the option to agree/dispute. Unless the T has advised DPS of his new address, this letter will go unanswered. After a fortnight or so the LL can commence the DPS' single claim process and get the full deposit without further action.

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            #6
            Thanks Snorkerz, that's really useful - I have (touch wood) never got that far with a T disputing any deductions, hence my ignorance! I didn't realise the DPS held onto it until the court decided. That makes it worth doing.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


              #7
              Originally posted by mind the gap View Post
              Thanks Snorkerz, that's really useful - I have (touch wood) never got that far with a T disputing any deductions, hence my ignorance! I didn't realise the DPS held onto it until the court decided. That makes it worth doing.
              I am experiencing this as we speak (type?)

              This is the DPS' single claim process
              https://www.depositprotection.com/We...e-2d55a1af43f3

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