DPS Decision

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    DPS Decision

    Hi, as a landlord we had a problem with a tenent not paying their council tax whilst renting our property. We asked the DPS to hold the deposit as they had broken the tenancy agreement and it was found in our favour and received the amount from them that was owing to the council. My question is am I liable to pay the council tax arrears?

    #2
    Originally posted by andyflooring View Post
    Hi, as a landlord we had a problem with a tenent not paying their council tax whilst renting our property. We asked the DPS to hold the deposit as they had broken the tenancy agreement and it was found in our favour and received the amount from them that was owing to the council. My question is am I liable to pay the council tax arrears?
    I am amazed the DPS awarded you money from the T's deposit for Council Tax arrears as this is normally not the LL's liablity. However since you have got the money, then yes, you will need to pay the CT arrears.

    What else were you planning to do with it?
    '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
      Originally posted by mind the gap View Post
      then yes, you will need to pay the CT arrears.
      I would think only to the amount of the deposit, anything over that is still the ex tenants responsibility.

      My reasoning is that the deposit is the T's money there is no reason for the LL to pay anything.
      I offer no guarantee that anything I say is correct. wysiwyg

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        #4
        Originally posted by jta View Post
        I would think only to the amount of the deposit, anything over that is still the ex tenants responsibility.

        My reasoning is that the deposit is the T's money there is no reason for the LL to pay anything.
        I agree but OP specifies that he has received 'the amount...which was owing to the council', hence my assumption that the arrears could be paid (in full).
        '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
          ok so the amount wouldnt have been awarded for the broken agreement?

          Ive spoken to the DPS today who have been less than useless and couldnt or wouldnt tell me there reasons but said that I should seek legal advice!!

          Comment


            #6
            Originally posted by andyflooring View Post
            ok so the amount wouldnt have been awarded for the broken agreement?

            Ive spoken to the DPS today who have been less than useless and couldnt or wouldnt tell me there reasons but said that I should seek legal advice!!
            What else are you trying to claim money for?

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              #7
              Originally posted by andyflooring View Post

              Ive spoken to the DPS today who have been less than useless and couldnt or wouldnt tell me there reasons but said that I should seek legal advice!!
              Their reasons for what?

              Did you not get a summary of the judgement stating what deductions had been approved or not approved?

              Or did you claim the whole lot back through the single claim process?
              '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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                #8
                Originally posted by Springfields View Post
                What else are you trying to claim money for?
                Nothing, being a new landlord I dont have any idea!!

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                  #9
                  What exactly did you submit to the DPS to support your claim? Was it just evidence that they owed you rent and had broken the tenancy agreement, or what?
                  '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


                    #10
                    basically we just told them that the T hadnt paid there CT so they had broken the tenancy and the T admitted it, so we were awarded the sum

                    Comment


                      #11
                      Originally posted by andyflooring View Post
                      basically we just told them that the T hadnt paid there CT so they had broken the tenancy and the T admitted it, so we were awarded the sum
                      You are being very vague. Please confirm whether

                      (i) the tenant's only 'breach' was not paying the Council Tax
                      (ii) whether you raised a dispute with the DPS to which your T was a party, or simply claimed the whole deposit back through the Single Claim Process
                      (iii) did you claim only for the Council Tax or other things as well? What?
                      '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


                        #12
                        Originally posted by andyflooring View Post
                        My question is am I liable to pay the council tax arrears?
                        I do not see how how anyone could argue the contrary on either legal or moral grounds. If you keep it you will be unjustly enriched and possibly even committing a crime.

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