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Should I let tenant pay rent arrears so she can get the deposit back ?

Started by Sue London, January 29, 2021, 07:51:56 AM

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Sue London

My problem tenant moved out my flat and finished her tenancy. She was on an AST.

She is on universal credit. She receives £1,500 in benefits & housing benefit/month.

She had 1 month rent arrears, and the deposit is now ready to be released from the Deposit Protection Scheme.

There are  cleaning and removal costs incurred from by her.

Stupidly, I forgot to register the deposit within the first 30 days - I registered it 11 MONTHS late. No Prescribed Information issued to her either.

I know she can sue me for that. And I have accepted that. Lesson learnt.

My problem is, the tenant is demanding that she pay me now for the 1 month rent arrears and is demanding that the deposit get sent to her. She's emailing me day and night , harassing me.

She has tried to use threats and blackmail the whole year making the most unreasonable demands.

So I'm guessing there's a financial reward behind her need to pay her rent arrears and receive the deposit instead (less cleaning costs). I found a huge pile of unopened bills - she refuses to give a forwarding address. Do I ring all utility companies to inform them?

I recall universal credit will ask her to pay the deposit back to them in the case of rent arrears. this might affect her  benefits - maybe that's why she's desperate to rectify the rent arrears?I don't know, I don't care.

I want to stick to the law and not get into a deeper problem.

Should I let her pay me December rent arrears and release the deposit back to her when I've received the money, or should I apply to DPS to receive the deposit myself to cover the rent arrears? Does it even matter which one I chose?? I could charge her for the above costs from her deposit from DPS.

She's kept the keys in the hope I will do what she asks. Can I take those out the deposit?

I want to look like a "good landlord" to the judge when she sues me for not registering the deposit within 30 days.

Research says a judge may take this into account -  the bigger picture - whether I fixed repairs quickly etc, when deciding how much to sue me. I have no excuse why I didn't register it sooner. Sheer forgetfulness.

Shes a very angry person and refuses to pay for anything she owes.  and I've had enough of her abuse after 1 year. I want to tie up loose ends asap to release the deposit. She's very unreasonable to communicate with.

She will still sue me even if I return the deposit to her.

Any advice welcome.

heavykarma

Has she actually given formal notice? The situation with the keys is something you need to address right away,she could move back in or let someone else move in.You obviously accept that she will get money from you,and I would personally let her pay the arrears and return the deposit less deductions. I really don't know if the courts use discrimination before deciding what a landlord pays.I doubt it,given the big backlog to work through.Assume the worst,and do what you can to recover money owed to you,and change those locks,but only if you have proof that she has ended the tenancy.

KTC

Someone owes you money and is offering to pay you, why would you decline?

She can pay you at any time via cheque or bank transfer, why does she think she need your agreement?

What exactly is she proposing? Who pays who what first? Is she wanting the full deposit after paying the arrears, or would you be able to propose/fight for deductions from the deposit on top?

KnockdownGinger

I agree with heavykarma. I've not experience rent arrears before (touch wood) but I would definitely let her pay her rent arrears as she has suggested to you, then that issue is out the way. With regards to her deposit, you can return that to her (less deductions), but the key is a big issue and you will need to get that back from ASAP since she has moved out already or change the locks as she might come back?!!  :-\ The utilities, if you know who the suppliers were, I would suggest calling them and checking that bills are up to date and they have closed the account, and also with council tax. I'm not sure how DPS can help if you registered with them late, I would just calling them and asking for advice.  Good luck!

Sue London

Thank you very much.

Yes she gave her notice to the agent, moved out at some point that week , refused to communicate that she'd gone and have excuses about surrendering the keys. so we don't know exactly when she moved out. The agent let himself in to check 3 days after her move-out date and said her furniture was gone and the place was mostly emptied. Except for tons of stuff dumped.

Then I changed the main lock, as she still has the keys.

She also claims it's illegal that my 15-year trusted neighbour has spare keys to the flat when she (the tenant) lived there. There's nothing in the AST about landlord's spare keys. Can you confirm?

She hasn't asked me if she's getting the full deposit back. She's assuming she is.  I need to tell her about deductions for professional cleaners and removals. Then let DPS send out the her minus deductions.

So do I ask for and get the keys back before  i allow her to be pay the arrears (she's desperate to pay), let them clear the account and release the deposit minus costs? The deposit was only released yesterday (after a minimum of 30 days registered) and the professional cleaners are in there today so I don't have an invoice yet.

The reason I hesitated about accepting cash for rent arrears is because I can claim the arrears from the deposit instead, and she's a real conman - I don't trust her as far as I can throw her. She's made my life hell with her incessant demands and breaking the AST. she moved her boyfriend in, wild parties, didn't pay any bills, broke the shower, badly burnt the new oven/stove etc etc.

You get the grim picture.

Many Thanks


Sue London

Ps I'm sure she's made spare key copies for boyfriend/ family, which she'll keep even if she gives back the master set. So is there any point asking for the master set back? 1 lock is changed.

heavykarma

Why on earth have you only changed one lock? What is the point of asking for the keys back?Get them all changed, then tell her she can keep the old ones as they are no use to her.I assumed from your query that she wants to pay the arrears,then get the deposit back afterwards.No way would I give the deposit first,or tell her in advance about the intended deductions.  It is not illegal for you to have an emergency key left with a neighbour,ignore all this nonsense. You have no choice but to cough up for your failure to protect the deposit,but you don't have to let her  play games with you.The utilities are not your problem.Just let them know when she left,it is up to them to pursue her.Get some control back.