Can I use deposit for shortfall in rent?

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    Can I use deposit for shortfall in rent?

    tenants partner has left her

    Benefits have decided her claim

    It means a shortfall in monthly rent of £250 each month

    I have tried to be flexible and allowed her some 3 months on periodc terms-if she can provide the shortfall

    She has suggested I deduct it from deposit
    I use My Deposit insurance backed scheme

    Am I legally covered in agreeing to this-perhaps get it in writing?

    many thanks
    David Noble

    #2
    Who's name (?names?) is the deposit in?

    Were they joint tenants? If so, even though he has left, he still remains liable for (all) the rent.

    Has he served any notice to quit?

    Shortfall of £250/month is going to end in tears.... Has she applied for DHP?? (e.g. see....
    http://www.slough.gov.uk/benefits-an...-payments.aspx

    Are there any other benefits she may be entitled to or should be increased? CTC, WTC.... see
    https://www.gov.uk/benefits-calculators
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Just a reminder

      my question was;" is there any legal considerations if I agree to use some of her deposit to make up the rental shortfall"

      She has had a full benefit award

      However, I do not want to allow good intention to lead to accusations I am misappropriating her deposit

      anyone?

      Comment


        #4
        What does the tenancy agreement say the deposit is for?

        Comment


          #5
          I would be reluctant to do this mid tenancy but rather deduct it end of tenancy after getting it in writing. You can certainly get it in writing now and apply it at the end of tenancy. At that rate the deposit will quickly vanish, have you got a plan as to what to do now to mitigate your potential loss?
          Any advice I give is my opinion and experience, I am as you also learning.

          Comment


            #6
            Originally posted by sunnyp View Post
            I would be reluctant to do this mid tenancy but rather deduct it end of tenancy after getting it in writing. You can certainly get it in writing now and apply it at the end of tenancy. At that rate the deposit will quickly vanish.
            Advice to the above effect is often given. Am I missing something because I fail to see the logic of it?

            Comment


              #7
              Originally posted by Lawcruncher View Post
              What does the tenancy agreement say the deposit is for?
              On reflection if she agrees to the rent being taken it does not matter what the agreement says.

              Comment


                #8
                Originally posted by dnoble View Post
                Just a reminder

                my question was;" is there any legal considerations if I agree to use some of her deposit to make up the rental shortfall"

                She has had a full benefit award

                However, I do not want to allow good intention to lead to accusations I am misappropriating her deposit

                anyone?
                If the deposit is in her sole name & she is sole tenant there may be one answer.

                But if joint tenants & not sole name, different answer. If joint tenants, him leaving doesn't change that joint tenancy.

                If you could kindly see you way to answering my question it might help you, please?

                It may not be "her" deposit.
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Don't agree.

                  The deposit is finite and the tenancy (relatively) unlimited.
                  Your tenant is trying to buy time, with little regard to actual finances.

                  You want £250 a month.
                  If the tenant can't supply that without spending the deposit, they can't afford to live there.
                  Deal with that now rather than later.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    Insufficient OP detail, please complete & paste http://www.landlordzone.co.uk/forums...ll-new-posters, indicate whether AST specified listed occupants were joint Ts, whether male partner served LL-accepted NTQ and whether female partner agreed to subs new, sole AST

                    Comment


                      #11
                      Originally posted by Lawcruncher View Post
                      On reflection if she agrees to the rent being taken it does not matter what the agreement says.
                      On further reflection I forgot that this appears to be a joint tenancy. If it is then I repeat: What does the tenancy agreement say the deposit is for?

                      Comment

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