Deposit return - Tenant not bothered!

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  • Deposit return - Tenant not bothered!

    My tenant under an AST vacated in Feb 05. After deductions her deposit to be returned was £700. I have tried on numerous occasions to return it, however when sent by recorded delivery to her forwarding address she never picks the item up, and it gets returned to me (the address is correct).
    I am getting bored of trying to give the deposit back, and have not received any communication from her requesting her deposit. I am happy to give back the deposit as she was a good tenant, however is there any legal time frame whereby I am not obliged to give it back, or is it always a debt due? (Nothing is written in the contract about the timeframe)

  • #2
    After six years she can no longer take legal action against you for this money though that does not expunge the debt. The six year clock can be restarted by you acknowledging the debt in writing or by attempting to pay her - so, if there is no contact between you both for six clear years, then effectively you can keep the money.

    A debtor (in this case you) should make reasonable efforts to pay the money to the creditor (her) and you seem to already have done this.

    Plonk the money into a separate acount and forget about it until either the six years is up or she demands it.


    • #3
      You could write a letter to her by ordinary post and make her aware of the monies due to her. If this fails, either you can contact her personally if this is convenient or to do as advised in the previous reply.
      Private advice is available for a fee by sending a private message.


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