Can I claim rent arrears from a deposit held in the TDS?
We served a Section 21 Notice to our tenants on 15th March (using solicitor & independent serving agent) and it expires on 28th May. The tenant has stated (by text) that he does not intend to vacate the property and we will be going through the court system for repossession. In the same text the tenant also stated that he would not be paying any further rent and we have not received any payments for March, April or May. Once we have gained vacant possession of the property can we claim the unpaid rent from the deposit being held under the TDS?
The amount of rent due is in the region of some £2100 and the deposit taken (in 2008) was £1042 so we would be asking for all the deposit to be paid to ourselves.
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