Tenancy Deposit Scheme-Landlord Needs Help

[lookinforinfo]

My partner has a problem with a tenant. The tenant was taken to Court because of non payment of rent for many months and left just before the bailiffs were due.

As the tenant owes something like £6550 in rent plus Court fees and legal fees it would seem equitable that their deposit is used to offset

their debt. However the TDS service doesn't seem to look at things this way. I understand that the deposit was originally paid in by the tenant

but they surely have foregone any claim to it now since the debt is so large and the £2000 deposit would go some way to reduce the debt. My

partner is not chasing for the balance but would be enormously p***ed off should the deposit be repaid to the tenant.

The TDS appear to be Judge and jury stating that their decision is final and non contestable. No decision has been made by them so far but reading what other landlords have said, it is by no means certain that the deposit will be used to offset the debt.

Can anyone offer any advice as to the best way to deal with the TDS please.

[lookinforinfo]

I should have added that the tenant obviously did not provide a forwarding address which makes it more difficult for the adjudicators to make the deposit over to my partner.

[mariner51]

Did the AST allow for the balance of deposit to be used for rent arrears after deduction of adjudged T damages?

 

 

You can still pursue T for debt via SCC if you can locate his new address. (Finder Monkey is often rec).

What sort of timescale are we talking about since deposit was 'put into dispute'?

[lookinforinfo]

I don't think she is too concerned about trying to reclaim money-probably a case of throwing good money after bad.

The tenant only mvoed out last month-two weeks after the court order but a few days before bailifffs were due. partner has contacted the TDS but has not as yet completed their complaints form.

 

Not sure that return of deposit was mentioned in relation to arrears. Surprisingly perhaps, she didn't really trash the flat just failed to keep it clean.