Tenant deposit - reclaim of court fees

[scribbler]

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]

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]

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]

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.