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Tenant in arrears and bankruptcy order filed
Uniqua30
Posts: 26 Forumite
Hi
My tenant has considerable arrears on his rent and has been served notice to vacate.
He has since filed for bankruptcy, where do I stand on claiming the deposit against the arrears on the rent?
The deposit has been securely placed with DPS.
Thanks
Helen
My tenant has considerable arrears on his rent and has been served notice to vacate.
He has since filed for bankruptcy, where do I stand on claiming the deposit against the arrears on the rent?
The deposit has been securely placed with DPS.
Thanks
Helen
0
Comments
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There's a discussion here with a consensus that it is something of a grey area
https://www.property118.com/bankrupt-tenant-allowed-keep-deposit-despite-arrears/95515/
I think I would claim all of the deposit and see what happens. The tenant is likely to be beyond caring and not dispute it.0 -
I would follow the normal process to claim the deposit against the arrears and see what happens.
Interesting link martin. You'd think the deposit was safely set aside specifically for tenancy debts, but I can see the legal logic of it being just one more of the bankrupt's assets to be allocated against overallliabilities.....0
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