Thieving Tenant - Deposit Query

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    Thieving Tenant - Deposit Query

    Hi all,

    Re my thieving tenant - (previous thread) - I have NOW FINALLY RECEIVED RENT FROM THE LOCAL AUTHORITY!!! The rent has a shortfall of approx £18 per week but this have been covered by the fact the tenant paid a month rent in advance upon signing of agreement. This has actually resulted in him actually being a little in credit with the rent (that's a first for me as a landlord....)

    I have a court date for March 15th citing numerous grounds but the tenant has been on the phone several times over the last couple of weeks saying I can have the keys back to the property and so I am hopeful that I won't have to see the court hearing through. However, as yet, he has let me down each time he has made arrangements for handover of keys and so I guess at this stage of the game ANYTHING COULD HAPPEN!

    During his last call to me he mentioned wanting me to sort something re his deposit to which I said that would not be possible until the rent situation was resolved because I didn't know what the shortfall would be. Also, I intend to deduct the court fees from his bond in the event that he does handover keys to prevent the continued court action. I need to know if I am legally able to do this? I will also be deducting administration fees and interest from the deposit (as per the tenancy agreement).

    All told, once I have made the fore-mentioned deductions there will be approximately £200 of his deposit left (and possibly £50 overpaid rent depending on if/when he bothers to hand the keys back).

    My next question would be regarding the parcel he stole from me (which he has admitted under police interview). I had paid £95.00 for the contents of the parcel and have not been able to recover this loss from any other source! Am I able to deduct the cost of the stolen articles from his deposit?

    I totally begrudge giving this tenant even a penny of his deposit back given the amount of stress, inconvenience and time wastage he has caused me through his illegal actions (which also included identity theft and obtaining various goods by deception using my details and the rental address)!!

    However, I do want to remain within the law and so would welcome (and very much value) members comments on this situation.

    Kind Regards

    J

    #2
    The two questions:

    1) IMO, yes you can, as the court fees are a direct result of him staying after the notice expired.

    2) Tricky one, but I would personally say you cannot - it is a seperate issue from the tenancy really, and so I would say that you have to pursue seperately.

    Something to think about - for the sake of this £150-200, it may be worth just giving him the full whack to get him out ASAP. I realise it is galling to do this, but it may be beneficial for you in the long run to just take this hit.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    Comment


      #3
      Thx for the speedy response MrShed.

      I guessed that might the response I might get re question 2. The tenant is being charged with that theft on March 22nd (when he will also face at least three other counts of obtaining goods by deception) so I suppose I will have to let that run its course.

      Re question 1. The court fees are for a section 8 which was served during the fixed term. The court date is set for March 15th. I'm no longer stressed about the lack of rent because with his first month rent payment and with what I have received from HB this week he is actually in credit with the rent! Just as well that I'm not only relying on ground 8!!! The rent will obviously continue to be paid by HB until I receive a possession order and so I am no longer stressed about getting him out 'yesterday'!

      This guy makes it incredibly difficult to negotiate anything as I no longer have a contact number for him and so I am at the mercy of awaiting his phonecalls!!! Just wish he'd hand keys over and let me re-let the property to somebody who might actually appreciate it! Mind you, at least whilst he's still resident at the address the police will know where to find him if he skips bail for the 22nd March!

      Needless to say, whatever happens - I won't charge for the parcel contents.

      Thanks again for the advice.

      Regards

      J

      Comment


        #4
        Re JoannePowell's second para: you can ask criminal court for a compensation order, as part of sentencing criminal. Perhaps contact Police/Court (in writing) to raise this?
        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


          #5
          Thanks for the contribution Jeffrey. I will definately do that.

          Re the possession side of things I'm just hoping that if I've not got my keys back before the date of the hearing because as the rent is now straight I no longer have a mandatory ground to rely on! Just hope that the remaining grounds 10, 11, 12, 14 and 17 get me my property back in the event of having to go all the way.....

          Regards

          J

          Comment

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