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Early deposit release S21?
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fumken
Posts: 125 Forumite
My evicted LHA tenant (S21 through Landlord Action) is asking me to release her deposit before she leaves in order for her to get a new place. I am at loss of what to do. If I do, it does not guarrantee that she will leave peacefully and if I dont she claims she has no money for deposit, etc.
I have already had a lot of problems from her and would like to close the matter. She has contacted DPS who say it is not impossible.
I have already had a lot of problems from her and would like to close the matter. She has contacted DPS who say it is not impossible.
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Comments
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If you have resorted to using Landlord Action, presumably your tenant has failed to meet her tenancy obligations in some way?
The fact that she has no money for her next deposit is not your problem. Tell her that you will release the deposit that she paid to you once she has left the property and it has been inspected, and then do so promptly. Don't be a mug.0 -
The council can guarantee her next deposit, it's not your problem that she has no deposit if she she has been served notice as a result of her own actions. Life is about consequences.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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will she trash the place if you dont release it early ?0
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will she trash the place if you dont release it early ?
If she is going to do something like that then whats to stop her from trashing the place anyway. You are kicking her out afterall.
I wouldnt risk it. Give her it back when she's left and the house is inspected. If she is that desperate to get her deposit back then hopefully she'll tow the line.:jProud mummy to a beautiful baby girl born 22/12/11 :j0 -
Please don't release the deposit before the end of the tenancy.
Would you have rented the house to her without a deposit in place? I doubt it, so why would you want to end up without a deposit?0 -
She may not leave when you refund it...0
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I emailed her and told her of deposit scheme. She replied that she is fully aware and she has been told not to bulge until the court order. She is threatening that I either pay back the deposit and she leaves on time or don’t pay and she waits for court order. She is emphasing the fact that she has children, a point she seems to have forgotten before now.0
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My guess is she will take the deposit money from you and still not leave, or wreck the property anyway as you have 'put her out'. Hardly as if she is worth taking her to small claims if she does that as she won't have assets to pay any CCJ. You frankly probably need the deposit in case she wrecks the place or things are already broken through day to day living (kids can break everything bar the exterior walls). The council have probably told her that if she stays until the court order then she is made homeless due to the no fault repossession under s21 and so she will be priority for social housing as she is homeless with kids.
She isn't going to go. She wants a council house so she'll sit in your house until she knows she is going to get one.
If she has kids she should have avoided causing difficulties, especially as by asking this question you seem like a soft touch so she must be being overly difficult.0 -
my emphasis. Have you actually provided the Tenant with the Scheme' s "prescribed information", as required by law? Simply emailing, for example, " your deposit is with DPS" is not sufficient.I emailed her and told her of deposit scheme. She replied that she is fully aware and she has been told not to bulge until the court order. She is threatening that I either pay back the deposit and she leaves on time or don’t pay and she waits for court order. She is emphasing the fact that she has children, a point she seems to have forgotten before now.
You don't say what sort of difficulties you have had with this T, but have her rent payments been on time throughout her tenancy? Is she up to date with payment now?0 -
Remember back to the start of her tenancy. Now why did you take a deposit? Oh yes, in case......0
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