Jurisprudence concerning tenants using deposit as last months rent.

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The one month deposit was lodged with a registered agency. The tenant refused to pay the last months rent. There was significant damage, by value well in excess of the months rent. I disputed the return of the deposit with the agency on the grounds of non payment of the last months rent and damage that exceeded the value of the deposit. Simultaneously I applied for a judgement against the tenant for the months's outstanding rent. A couple of days later the deposit was transferred to my account. And a month or so later I was granted judgment by the courts. The question: The deposit agency has stated it paid me the deposit without drama because the tenant admitted he had not paid the last month's rent - apparently the deposit agency did not consider the matter of damage, which the tenant disputed, because to them it was apparently immaterial. The tenant now claims the court judgement is flawed because he admitted not having paid the last month and essentially paid it through the deposit agency. If this is allowed it will make a nonsense of agency deposits. This cannot be the first time someone has tried this stroke. Is there jurisprudence, and if so can any one quote the case?

28/02/2019 10:23

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