PDA

View Full Version : Deposit deductions legal costs.



boletus
09-10-2011, 15:24 PM
Hello,
I have been awarded costs for possession, using a section 21 notice. Payable in 6 instalments.
The tenant has not paid the first 2 payments.
Can I deduct the costs from the deposit?
If so can I only deduct the unpaid instalments to date or can I deduct the full amount?

My tenancy agreement has a vague reference to this;
"To pay the landlord for any reasonable costs as a consequence of any breach of the agreement including any solicitors or Agents costs and charges and notices having to be served in connection with any breach" -There are no solicitors costs, only the court fees.

Lastly, will the judgement have been automatically entered on the CCJ register.

mariner
09-10-2011, 16:34 PM
s21 is a 'no fault' order, so IMO no breach of Contract can be presumed.
What reasons were giveb for awarding you costs?

boletus
09-10-2011, 16:55 PM
No reasons were given.
On the N5b claim form I requested the defendant pay the claim costs and the court ordered the defendant to pay them.

PaulF
10-10-2011, 13:50 PM
Is there sufficient funds to pay the court costs? A CCJ is not automatically entered unless defendant defaults which it appears they have, so I think you need to notify the court. You can ask the Clerk of the Court for advice on how to proceed.

boletus
10-10-2011, 14:26 PM
Is there sufficient funds to pay the court costs? A CCJ is not automatically entered unless defendant defaults which it appears they have, so I think you need to notify the court. You can ask the Clerk of the Court for advice on how to proceed.

Thanks for the replies (it is similar to todays jjones thread).
Yes there are sufficient funds in the deposit.
I have just phoned the court. It is not entered automatically on the CCJ register. I would have to instruct bailiffs costing a further £100. Then it would be entered.