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View Full Version : Can L deduct from deposit (unpaid rent owed by T)?



Butterfly3
31-01-2010, 22:31 PM
Can LL deduct rent arrears from deposit?

PaulF
31-01-2010, 22:49 PM
Not advisable unless you have assessed dilapidations first.

Snorkerz
31-01-2010, 23:35 PM
Presuming the deposit is in a 'scheme', any proposed deductions that are not agreed by both parties can be taken to the schemes arbitration service or dealt with in the county court. As a rule, the arbitration service would ask the landlord to prove rent is due (eg tenancy agreement + rent statement) and the tenant would have to prove that they had paid any rent that wasn't shown on the rent statement.

Butterfly3
25-06-2010, 22:34 PM
can LL take rent arrears from deposit even though property was vacated by tenant 10 days only into of 11 month contract ? Joint assured tenancy. First 8 weeks rent was paid. letting agents refused to give tenant LL's contact details, so did their solicitors.They wrote that she had no right to the information.

thesaint
26-06-2010, 09:09 AM
How did the tenant have rent arrears after 10 days if they paid 8 weeks in advance? :confused:

What "contact details" did the tenant want?

What address was on the tenancy agreement?

Why did the tenant leave the property?

mjbfire
26-06-2010, 09:23 AM
T is liable for rent upto the end of the fixed term or any break clauses or if they find a replacement.

Rent from deposit, normally yes, if the contract states it can be.

As long has you got an address, where rent and notices to be paid you have to pay it.

They do have to supply you with contact details for the LL, but whether it's his home address is another matter, specially if they a good reason not to. As it his solicitors say they not giving you the information, I guess they got a good reason.

Are the solicitors, LL solicitors or agencies solicitors? And what reason are they giving? And why do you want to speak to the LL directly?

Butterfly3
27-06-2010, 22:05 PM
She left because of harrassment and cyber bullying by other joint tenants
having paid £300 deposit and £600 rent in advance

She wanted a postal address for the landlord. The LA's address was on tenancy agreement.

She wanted to inform landlord of reasons for leaving and that she had been verbally misinformed by LA that because of the circumstances all she would have to pay was an admin fee of £130

Thought it was law that LL 's contact address (not La's) had to be provided within 21 days if requested in writing by tenant

Snorkerz
27-06-2010, 22:57 PM
She left because of harrassment and cyber bullying by other joint tenants
having paid £300 deposit and £600 rent in advance

She wanted a postal address for the landlord. The LA's address was on tenancy agreement.

She wanted to inform landlord of reasons for leaving and that she had been verbally misinformed by LA that because of the circumstances all she would have to pay was an admin fee of £130

Thought it was law that LL 's contact address (not La's) had to be provided within 21 days if requested in writing by tenant

Section 1, Landlord & Tenant Act 1985 (http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=landlord+%26+tenant&Year=1985&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2177215&ActiveTextDocId=2177218&filesize=18096). Failure to supply address within 21 days of WRITTEN request is a criminal offence (ie Police) with a fine of up to £2,500.

jeffrey
28-06-2010, 14:40 PM
Section 1, Landlord & Tenant Act 1985 (http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=landlord+%26+tenant&Year=1985&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2177215&ActiveTextDocId=2177218&filesize=18096). Failure to supply address within 21 days of WRITTEN request is a criminal offence (ie Police**) with a fine of up to £2,500.
** No. It's a Local Housing Authority function. See s.34:

34. Power of local housing authority to prosecute.

Proceedings for an offence under any provision of this Act may be brought by a local housing authority.

Butterfly3
28-06-2010, 20:20 PM
Thanks. So I inform the local housing authority and it's their descision whether or not to prosecute? Methinks they won't coz they can't be bothered. However I'll try.