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View Full Version : T left just before bailiffs came; can L keep deposit?



peterf
21-02-2008, 17:48 PM
Hello
In February my tenant left the day the bailiffs were due after a 6 month STT which ended in early October, I got a possession order in November and if they had paid their arrears they could have stayed, but they did not, so got the bailiffs, good they have gone but the rent arrears were not paid of approx £1200. As the tenancy started on the 2 April 2007 it was outside the TDS scheme I believe and I still have the deposit. In the house they left a fridge, suite microwave and bags of rubbish which the kindly said I could have, its only fit for the scrappy. The council paid the deposit and 1st months rent on their behalf I felt. In december the council paid housing benefit which paid off some of the arrears but it still left the £1200 arrears.

My questions are;

Can I kept the deposit to offset the rent arrears. Redcorating, new shower, tidying the rubbish away etc

Does the council chase the tenant for the deposit as it was a loan to the tenant, the councils name is not on the agrement. Or will they get it back from me.

Do I have to supply the council with any information they ask for or only to the ex tenant when they request it. I took photos which they now want.

Any help on these points would be very much appreciated and if any further info required to answer the questions please let me know.

Bel
21-02-2008, 21:59 PM
Please see comments in red


Can I kept the deposit to offset the rent arrears. Redcorating, new shower, tidying the rubbish away etc You must allow them reasonable wear and tear, but you can claim any damage and arrears due, but you are not entitled to betterment

Does the council chase the tenant for the deposit as it was a loan to the tenant, the councils name is not on the agrement. Or will they get it back from me. What does the documentation say? I wouldn't have thought it was any of their business unless you had an agreement directly with them

Do I have to supply the council with any information they ask for or only to the ex tenant when they request it. I took photos which they now want. As above

Any help on these points would be very much appreciated and if any further info required to answer the questions please let me know.

jeffrey
22-02-2008, 10:11 AM
What "red"? None.

peterf
22-02-2008, 13:01 PM
Thanks for that Bel, after the phone call I got from the council yesterday I feel thet will persue me for the deposit as they paid it to the agent on the tenants behalf, they also want a statement of payments, but we shall have to wait and see on that, thanks once again.

Surrey
22-02-2008, 21:44 PM
I reckon they might well try, but they'd be trying it on. After all, the agreement you had with the tenant was that the tenant would pay a deposit, and you've just said that the council lent HIM the money, not YOU, so they should pursue the person they lent the money to!