Landlord101 Posted May 23, 2016 Report Share Posted May 23, 2016 Hello All, I'm new here and hoping someone knows and can help I've had to eventually evict my tenant for rent arrears, and currently am sitting with over £5k worth of arrears. I'm trying to get the deposit paid to me but the tenant has objected and DPS have said if the courts notice include rent arrears and deposit to be paid back to landlord then they can action this and pay deposit. If not they suggested to get a Third Party Debt order or go down ADR route. Unfortunately the court notice only mentions rent arrears to be paid not deposit - how do I go about getting a TPO or is it best to go down ADR route? Does anyone have an inkling of how ADR view landlords left with rent arrears and trying to get the deposit so at least off-set some of the rent arrears? I don't have a forwarding address for my tenant can I get a money order without a forwarding address? Any help would be greatly appreciated Link to comment Share on other sites More sharing options...
Grampa Posted May 23, 2016 Report Share Posted May 23, 2016 You can get a money order by using the last known address, also if you read the tenancy it may clarify that as well. This is one of the reasons I dont use the DPS and I always advise landlords to pay the extra fee at the start to be able to hold the deposit themselves. Also your application form for any tenants if any good should have had a space for the tenant to add a post-tenancy address that HAS to be filled in. Link to comment Share on other sites More sharing options...
Landlord101 Posted May 23, 2016 Author Report Share Posted May 23, 2016 Hello Grampa, The last know address is for the tenant - is mine/the one she's been evicted from. Your saying its ok to use? Its just that this was what I was going to do, but then I was told you can't because the property is yours and you know the tenant is not there, so trying to clarify with ppl who have done it/are in the know. Can you also clarify on "application form to include forwarding address" - just that tenant wasn't very co-operative hence the need to go down eviction route and no way was she going to tell me where she was going. Thanks for your assistance Link to comment Share on other sites More sharing options...
Carryon Regardless Posted May 23, 2016 Report Share Posted May 23, 2016 The last time a T objected to my taking the deposit I took the DPS downloaded form to a solicitor to witness my declaration and stamp it. That only costs £5. Had the T done the same then I believe it would go to through the DPS hearing procedure. The T, as most, was too lazy and let it go. With the renal statement there should be no defence anyway. Has yours gone beyond this situation? It was a while ago so my memory may be faulty or the procedure changed. Link to comment Share on other sites More sharing options...
Grampa Posted May 23, 2016 Report Share Posted May 23, 2016 3 hours ago, Landlord101 said: Hello Grampa, Can you also clarify on "application form to include forwarding address" - just that tenant wasn't very co-operative hence the need to go down eviction route and no way was she going to tell me where she was going. This is the application form you would give to a prospective tenant if they were applying to move into your rental property. If they wont give an address before they have even moved in dont rent to them. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted May 23, 2016 Report Share Posted May 23, 2016 If you take a guarantor and check then out it doesn't matter if the T rides off into the sunset. Link to comment Share on other sites More sharing options...
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