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scribbler
07-11-2009, 08:40 AM
I have a tenant that failed to pay their rent. I have started possession proceedings and now they have paid the rent.

If I decide not to proceed with possession would I be able to claim the court fee back from their deposit currently held by the Deposit Protection Service?

Lawcruncher
07-11-2009, 08:51 AM
I have a tenant that failed to pay their rent. I have started possession proceedings and now they have paid the rent.

If I decide not to proceed with possession would I be able to claim the court fee back from their deposit currently held by the Deposit Protection Service?

If the tenancy agreement says you can, yes; otherwise, no.

Snorkerz
07-11-2009, 20:24 PM
I have a tenant that failed to pay their rent. I have started possession proceedings and now they have paid the rent.

If I decide not to proceed with possession would I be able to claim the court fee back from their deposit currently held by the Deposit Protection Service?

Surely the deposit would be claimed at the end of the tenancy - yet you are specifically saying "not to proceed with possession". To redeem the deposit now would leave you in a vunerable position.

scribbler
09-11-2009, 19:14 PM
To clarify my position. I intend not to seek possession if the tenant continues to pay rent. At the end of the tenancy I would then claim the court fees back from the deposit paid by the tenant.