Old tenant paid monies by mistake - left property owing monies and I wish to retain

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M
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I had tenants who did a flit from a property on 14.2.12 - rent was up to date but they left a lot of damage - tried to obtain forwarding address - contacting via facebook and Mother's number but to no avail. They left approx 1500 of damage and 1047 owing in bills. Anyway the rent used to be paid to us via a credit union account and as he apparently has a new landlord and housing benefit on the back of it monies were paid into his credit union account but he had not changed the Direct debit. Therefore, 364 was paid to me today - I wish to retain these monies as part of the oustanding monies owed but tenant now hassling advising I will be taken to Court etc, the Credit Union have confirmed this payment has been made through his own error of not changing the DD details - am I within my rights to retain the money baring in mind it has come direct from Credit Union and not Housing Benefit - Housing Benefit not sure where they stand on it?

Kind regards

KSL

24/04/2012 00:00

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