deposits

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    deposits

    can a landlord keep part of a tenants deposit to cover court possession costs?

    In theory Im thinking he can as its a cost incurred by the tenant.

    Any advice?

    Thanks.

    #2
    Do you mean it's a cost incurred by the tenant exercising his legal rights?
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      Originally posted by jta View Post
      Do you mean it's a cost incurred by the tenant exercising his legal rights?
      I agree, but its still a cost, sometimes quite a significant cost if legal fees are added.

      Im neither tenant nor landlord I just want to know what is correct procedure. Im assuming from your tone landlord cannot, which is fine.

      Thanks.

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        #4
        just to qualify what I mean - i realise its tenants legal right to receive a PO - but its still a cost borne by the tenant. To put it another way, who pays for this if tenant cannot?

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          #5
          Originally posted by creswell View Post
          Im assuming from your tone landlord cannot, which is fine.

          Thanks.
          No. I'm genuinely curious. It's the first time I've seen this brought up.

          I should not think so although the lawyers here may correct me. I assume we are talking about a S21 PO. A S8 would normally have the costs added to the money order anyway.
          I offer no guarantee that anything I say is correct. wysiwyg

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            #6
            Civil Courts usually have jurisdiction to decide whether one party pays both's costs or each pays own.
            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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