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Tenant in arrears and bankruptcy order filed

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

Comments

  • martindow
    martindow Posts: 10,627 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 26 February 2019 at 1:00PM
    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.....
This discussion has been closed.
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