Unresponsive Tenant and Deposit Deductions

gazfocus

Tenant moved out of our house and left it in a right state. She also didn’t pay the final month’s rent (probably as she was well aware she was going to leave the house a mess).

Anyway, we’ve had quotes for the work that needs doing to rectify the damage and mess she’s left and sent her text messages and a letter with the costs and deductions that we want to take from her deposit. There would be nothing left of the deposit and actually a further amount owed due to the unpaid rent, all of which has been itemised.

The deposit is in an insurance backed scheme so I have possession of the deposit but the tenant is not responding to attempts to contact for their agreement of deductions.

The deposit scheme it’s registered with says I can only raise a dispute with them if I have evidence of the tenant disputing the deductions, which I obviously don’t have and says to carry out our ‘usual process’ when a tenant is unresponsive, but I don’t have a ‘usual process’ so not sure what to do.

I’m already in two minds whether to take them to court over the rent arrears (I’ve actually been advised to deduct the repairs from the deposit first and then chase the rent arrears separately because it’s easier to get a judge to award unpaid rent rather than for damage, but I’d much rather just sort it amicably.

Any thoughts/ideas?

TroubledTarts

Do you know their new address? If so sometimes it's not worth the effort and to move on. As a landlord if you get 10-11 months rent out of each year per property that's considered good going.

Jemma01

https://forums.moneysavingexpert.com/discussion/6671978/unresponsive-tenant-and-deposit-deductions

theres usually a dispute process, this is for dps, which one did you use?

https://www.depositprotection.com/claims-and-disputes/the-dispute-resolution-process

Grumpy_chap

For the OP, the T has gone and left the property poor and not paid the final rent. Do you have proper (and proven) forwarding address for the T or only e-mail / mobile? You cannot take firm action without a proper address.

Even if you can take firm action, does the T have any funds from which you can make recovery?

Even if you can take firm action AND the T actually has funds, are you actually able to achieve a successful recovery from those funds?

gazfocus

As far as I can see, the deposit scheme I used (TDS) just says to use your standard procedure and says I can only raise a dispute if I have evidence that the tenant is disputing the deposit deductions.

@Grumpy_chap For any others reading, legally you can send a court claim to the tenants ‘last known address’. So, if you don’t have a forwarding address you can issue the court claim to the rental property the tenant rented from you. The tenant would only be able to then get it set aside if they have reasonable expectation of winning in court which is for a judge to decide.

For me, this isn’t necessarily about getting any extra money, it’s about what can I do re the deposit I already have, and giving the tenant the ccj she deserves to make it harder for her to do this to some other poor landlord.

martindow

Regarding opening a court case with the objective of imposing a CCJ, I think a judge would raise an eyebrow if you hadn't made any effort to serve to your ex-tenant's current address or exhaust the deposit scheme's system. You know that she will definitely not receive anything using the tenancy address.

I think you would need to use some sort of tracing service to try to locate her first. As has been said, you may be throwing good money after bad in pursuing any of this.

gazfocus

I get what you’re saying and I’m not saying I don’t have her address. In fact I have her current address (confirmed by her car being on the drive late at night), I also have her parents address and the address of her Ltd company (which is just a mail forwarding address but still).

But as said, I’m stuck with what the process is regarding the deposit. You mention exhausting the deposit schemes system but there doesn’t appear to be provision in the TDS Insured Scheme to cover an unresponsive tenant.

silvercar

Accept that you aren't going to sort it out amicably.

The tenant isn't disputing the deposit, so the deposit scheme should award it all to you. The tenant expects this, that is why they aren't bothering to make contact. Then you need to decide whether to go for the CCJ for the remaining rent arrears. This will cost you the court fees. The tenant is hoping you won't risk incurring costs without a sign they will pay you anything, so has disappeared in the hope that you write it off.

Morally you should pursue, to warn other landlords. Pragmatically, you have the property back, you can re-let it and move on.

sherlock228

https://forums.moneysavingexpert.com/discussion/comment/82031347#Comment_82031347

as the TDS says you make a claim . The adjudicator has to balance your evidence against the tenants defence

if the tenant offers no defence then the adjudicator can but decide in your favour provided your evidence is sound of course.
Hence they said, follow the normal process
It will of course take a bit longer as they have to be "sure" the ex-tenant is not responding

Oneplanetonelife

this is why Landlords are panicking

https://youtu.be/kHVS4U68Pa8?is=bN2dYXQhr8yPNRRQ

FlorayG

I had anonresponsive ex tenant.

After 4 months I put in a dispute with copies of emails sent. The DPS then emailed and wrote to her, got no response and awarded me the amount I claimed. Curiously, this was NOT the entire deposit, do I don't know what the DPS do with the remainder