Custodial Scheme - deductions during tenancy, not at end.

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  • Custodial Scheme - deductions during tenancy, not at end.

    A hypothetical [almost, anyway] question:

    Tenant moves into house. Deposit is lodged with the custodial scheme [1].

    Tenant blocks the drains up by pouring fat down the sink. Landlord sends contractor out, who clears the drains. The landlord pays the contractor and tells the tenant that if it happens again they will pay for it.

    The tenant again blocks the drains and the contractor goes out again. This time the tenant is told to pay for it. Tenant does not have the money to and is happy for it to be taken out of the deposit. Landlord would normally deduct the money from the deposit, however now the money is lodged with the custodial scheme.

    Does the landlord instruct the tenant deposit scheme to return part of the money to him? Would the custodial scheme allow for this given that the tenancy has not ended?

    We run into this scenario fairly frequently and wonder how this would work with the new arrangments.



    [1] Providing it starts on time!
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  • #2
    My gut reaction would be that you would have to wait and get it from the deposit at the end of the tenancy; perhaps get written conformation that this is ok with tenant.
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    • #3
      Originally posted by Bel View Post
      My gut reaction would be that you would have to wait and get it from the deposit at the end of the tenancy; perhaps get written conformation that this is ok with tenant.
      Or T could authorise reclaim from deposit even earlier, I guess- but then deposit is depleted and perhaps insufficient re further arrears/breakages/etc.
      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.
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      • #4
        why not tell the tenant its their fault the blockage was caused therefore they have to instruct a contractor and that way they have to pay the bill?

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        • #5
          Or tenants do £1000 worth of damage, dispute it, the agent has someone moving in a few days time, the money is has to come from you the L/Lord...the Agent has sent the disputed money off to the ICE man and no agent is going to use his/her pot to repair said property..(if there are ARLA) they apparently are not allowed to under thier accountancy procedures (...so we may have a situation now where the agent may withold the last months rent from the L/Lord knowing if they ask him/her for money they are going to lose the property to a non-ARLA agent.....what a mess this new law is

          (according to Shelter and Govs website) only 17% of people have had complaints about wrongfully witholding tenants deposits. I wonder what percentage of people complain if they get a parking ticket even if it was deserved..
          "Better an empty property than a tenant without a guarantor"

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