Tenant Deposit

[Sophia1]

Re: Tenant Deposit

Hello CLL1,

Do you know what court form I need to use and if there is a fee ?
Is it Form N244 - Application Notice?
Thanks-you

[Crazy council]

Re: Tenant Deposit

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.

Hi, it doesnt have to, you did it the best way byu getting the arrears fixed and formal, he has no argument. The deposit/bond is for arrears and damages at the termination of the tenancy, you have covered it properly with the arrears. I would just wait while the DPS sort out the deposit for you, if they argue or delay, put it up on here. I would not start further action yet, because the DPS schemes can be set up a number of different ways and nothing can be done now you have lodged an objection/formal request for the money.

[CLL1]

Re: Tenant Deposit

No, hang on. No need to use ADR through DPS if a hearing has already determined the rent is due.

If you've sued for rent, and got a money judgment, write to the court first asking that the order be amended to allow you to deduct the deposit from monies due. Courts sometimes do this without a formal application, but you may have to apply using N244 and pay the fee.

"Dear Sir/Madam

I acknowledge receipt of the judgment/order of the Court dated xx/xx/20xx.

I have been advised by the Tenancy Deposit Scheme that in order for my tenant's deposit to be withdrawn and used to part-settle the arrears of which this judgment relates, the Court must direct as such in its order.

I note that the Order does not provide for this, and I would be grateful if the Court could amend the same to include the follow:

"and the Claimant be entitled to seek from the Tenanct Deposit Scheme the Deposit sum of £xxx.xx in part settlement of the Judgment ordered in this matter."

Yours faithfully