Tenant Deposit

[Sophia1]

Hello,

Hoping someone knows how to go about getting back Deposit paid into Depositscheme.

My Tenant has been evicted for rent arrears in March, leaving me with over£5000 of rent arrears.
I’ve contactedthe Deposit scheme asking for the deposit back, but the tenant has objected.The Deposit scheme has said you can go through ADR or go to court and get aThird Party Debt Order.
Does anyone knowhow you go about and do this - collecting the rent arrears and TPO? I haveno forwarding address for the tenant - so not sure how one would attemptto collect the rent arrears? I’ve always cut my losses in these situationsonce a tenant has been evicted, but now it looks like the deposit will sit withthe DPS unless I get a TPD.
Any help/directionanyone can offer would be greatly appreciated.
Thank-you

[Sophia1]

Re: Tenant Deposit

Hello All,

Can anybody out there know and provide some direction?
Really appreciate any advice you can offer.
Thank-you

[Sophia1]

Re: Tenant Deposit

anyone:help:

[Kati]

Re: Tenant Deposit

tagging [MENTION=15129]Crazy council[/MENTION] xx

[CLL1]

Re: Tenant Deposit

Always attempt ADR, so try that first.

Second option is to issue proceedings, obtain a money judgment, but in the particulars, you MUST request that the order directs the Deposit Scheme to pay out to you the sum of any deposit held. I've managed to vary a final judgment to include this wording without paying for an application, but don't risk it - it could cost you an extra £255.00 otherwise.

- - - Updated - - -

A TPDO isn't relevant here, so I'm not sure that that suggestion to you was the best! TPDOs are an order from the court which compel a 3rd party to pay you money, which that 3rd party holds and which it owes to the Defendant.

Usually, the 3rd party will be a bank, savings provider, or letting agent. They hold money which is owed to the D, so will pay once served with the final order. It's risky, and expensive, as you need a money judgment first, so follow the above suggestion to save some cash and time. Happy to help with drafting the court docs.

[Sophia1]

Re: Tenant Deposit

Hello CLL1,

Thank-you for coming back on this.

I've just got an email from the DPS saying the tenant has started a repaymentrequest for the deposit and was wondering what to do.

I guess the Deposit is held for F&F in the property not for unpaid rent soI wasn't sure what if any an ADR stance would be where there is a £5k rentarrears and I had to eventually evict the tenant for this mounting rent.

So to issue a money judgment for unpaid rent (never done one before) do I justgo back to court where the hearing to pay rent was held and apply there?

[Sophia1]

Re: Tenant Deposit

Also I don't have a forwarding address for the tenant (well they were evicted for rent arrears so not happy with me to leave a forwarding address). How do I issue a money judgement - do I not need their address?

[wales01man]

Re: Tenant Deposit

You will need their address and should be fairly certain its correct and that they have the means or the will to pay when its granted

[Sophia1]

Re: Tenant Deposit

hmm bummer, would there last address not do (which is the property they have been evicted from)?

[wales01man]

Re: Tenant Deposit

If you own the property it would mean you a perjuring yourself I would expect as you know 100% they are not there

[Crazy council]

Re: Tenant Deposit

Go through the scheems ADR first, they will sort out dealing with the tenant. Even if the tenant objects you will probably win, its usually just a process if you have evicted for arrears.

Some tenants will try claim back deposit whatever the curc's and the scheem managers know this

[Sophia1]

Re: Tenant Deposit

Thank-youCrazy council
I'm going to start the ADR process now
The judgment does not mention anything about deposit, only the tenant has topay rent arrears
I'm hoping this will still be ok when I submit to ADR as proof and they takethis into account when they make a decision
The rent arrears was >£5k by the time the court bailiffs came and evicted,and we talking about £1300 deposit, doesn't go anywhere near clearing thearrears but still something if it is awarded back to me.

[Sophia1]

Re: Tenant Deposit

Thank-youwales01man,

Is there any tracking agency I can use, or is it possible for me to track downand if so how would I go about it? If I knew how I would probably give ita try.

In the past I've let it go, simply because I don't know how to do this kind ofstuff, but these individual's always get away, they will probably do it to someother unsuspecting person - and it's just not right!!!!

[wales01man]

Re: Tenant Deposit

There are I think some agencys /companies that offer a tracing service if they are on Facebook they may have put on their page something that will show you the general area where they live to help

[CLL1]

Re: Tenant Deposit

Hello CLL1,

Thank-you for coming back on this.

I've just got an email from the DPS saying the tenant has started a repaymentrequest for the deposit and was wondering what to do.

I guess the Deposit is held for F&F in the property not for unpaid rent soI wasn't sure what if any an ADR stance would be where there is a £5k rentarrears and I had to eventually evict the tenant for this mounting rent.

So to issue a money judgment for unpaid rent (never done one before) do I justgo back to court where the hearing to pay rent was held and apply there?

Wasn't aware you'd previously had a hearing - was this just for rent arrears? If so, you may be able to get a sentence added in to allow you to deduct from deposit.