Deposit/rent arrears question

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Deposit/rent arrears question

    If one of two joint tenants has rent arrears at the end of a tenancy and the other tenant has paid the rent in full, am I (landlord) legally entitled to keep the deposit from both tenants? Not a path that I particularly wish to go down but would at least be useful as a 'leveraging tool'!

    Thanks

    #2
    Originally posted by UKLandlord1000 View Post
    If one of two joint tenants has rent arrears at the end of a tenancy and the other tenant has paid the rent in full, am I (landlord) legally entitled to keep the deposit from both tenants? Not a path that I particularly wish to go down but would at least be useful as a 'leveraging tool'!

    Thanks
    Yes. Legally "one of two joint tenants" cannot have rent arrears: one rent exists, and only part has been paid, so the two tenants jointly and severally still owe the remainder. Thus, you can keep the deposit to cover the arrears.
    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).

    Comment

    Latest Activity

    Collapse

    • New House Is Filthy and Scruffy
      by emkat11
      Hi, I’m a new tenant and was just looking on some perspective.

      I signed for a property via a Lettings agent recently, I was told upon signing the inventory showed some cleaning discrepancies however I don’t mind cleaning so was happy to proceed. I’d had a viewing and was told everywhere...
      16-04-2021, 17:46 PM
    • Reply to Sink blocked for almost 3 weeks
      by philg
      not too long ago i had a bath that would not empty , tried the usual sink unblockers to no avail. had to take all the drainage apart and clean it out ... it was old grouting that had blocked it and only physically cleaning it did the job . the op is quite right to inform the landlord and lets hope they...
      16-04-2021, 17:40 PM
    • Sink blocked for almost 3 weeks
      by sushi
      My kitchen sink has been blocked for almost 3 weeks.

      The landlord/agent has been dragging his feet getting a plumber out and when someone did come, they confirmed my suspicions that it's something more just needing to pour some unblocker down (this is why I haven't called someone out myself...
      13-04-2021, 18:06 PM
    • Reply to Options if eviction ban is not lifted
      by nukecad
      Thanks jpkeates,

      I was't sure at all how already having an existing PO and trying to start a new eviction process would work.
      But suspected that it wouldn't work. or would cause problems.
      16-04-2021, 17:24 PM
    • Options if eviction ban is not lifted
      by Perce
      Hello All

      I am waiting for an eviction ban to be lifted but as time goes I lose hope that it will happen in the near future or ever. What then are our options to get our property back if the tenant never moves out ? My tenant won’t move out until bailiffs evict him. I have PO based...
      16-04-2021, 10:07 AM
    • Reply to Sink blocked for almost 3 weeks
      by Codger
      Usually heat is the best unblocker as it melts the fat. I get it dry then add boiling water from the kettle. But it wont melt candle wax.
      most plumbers would dismantle a sink waste pipe if theycouldnot unblock it.
      16-04-2021, 17:16 PM
    • Reply to Question about rented house extension
      by Neelix
      hit, nail and head.

      I think the OP needs to have a clear mind about what they want to do and apply for planning ..............
      16-04-2021, 17:07 PM
    • Question about rented house extension
      by ss1981
      Hi all, I have a rented house - three bed end terrace, which has been rented to the same lady and her children for over a decade, with no major problems on either end.

      There is a plot of land next to the house that I am currently in the process of purchasing off the council. I would like...
      13-04-2021, 17:30 PM
    • Reply to New AST under probate
      by PGTV
      There is a Will. Joint executor

      grant probably within a 2-3months...
      16-04-2021, 17:06 PM
    • New AST under probate
      by PGTV
      Hi. Quick question

      property portfolio is under probate.

      the land-lady (Mum) used the family office address as the landlord address on the tenancy agreement, rather than her home address. Always did this for 20 odd years.

      Under probate, I have to sign a new tenancy...
      16-04-2021, 14:51 PM
    Working...
    X