Hi, I am looking for advice about retaining a tenancy deposit and secondly recovering rent arrears after the tenancy has ended.
I have requested retention of the full deposit because of rent arrears. The tenants will “only accept this” if the total rent arrears of c£10,000 is waived.
Q: I intend to lodge a dispute with the Tenancy Deposit Service – are there any key tips to be aware of?
If the rent waiver is accepted to release the deposit, the management company expect me to pay their commission on £10,000 unpaid rent that they were unable to collect.
Q: Are agents justified in claiming commission on unpaid rent?
I am considering the option of HM Courts & Tribunals Service
a. Have landlords had any success in retrieving unpaid rent through the courts? Is legal representation the best approach?
Thank you
Paul (London)
I hate to say that some deposit schemes are not upto standards and most decisions are in favor of tenants even with all the proof and having a strong case. If you have the time, going to the court may be a better option. I haven’t personally done so. There are others in the forum who may be able to help
I am one of those Shantala refers to. I wouldn’t wish the court experience on my worst enemy, even though we may have another 12-15 months to wait before our case reaches the top of the pile, and we get a court hearing.
I would suggest you take legal advice on this, but it may be better to sue them in court for the full arrears using MCOL and during the hearing ask the judge to award you the deposit in part settlement. That way you get the deposit and they still owe you the rest.
I fear I am about to follow you on this very route. My experience of MCOL has been in recovering costs for cowboy builder.
But on balance I think this is your & My best option of recovering our losses .
I think if the debt owed is over £5k you can enforce bankruptcy against the debtor. Good Luck
if the debt owed is over £5k you can enforce bankruptcy against the debtor. Good Luck