S8 judgement and setting deposit against rent arrears

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T
TenantsRus
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I have recently reposessed my property throughan S8 hearing and now wish to get my arrears back, which I will be pursuing via attachment of earnings oprder.

Total debt is approx £1800; however there is a £600 deposit (registered with DPS) and my AST agreement and DPS paperwork (all obtained from RLA) allow me to use this as rent.

Unfortunatly (despite me asking) the judge declined to mention the deposit in the order, which is worded as follows:

"This order has been made on discretionary grounds and the court orders that
1. The defendant give the claimant possession of XXXX on or before 05 October 2009.
2. The defendant pay the claimant £AAAA for rent arrears and £BBBB per day from 01 October 2009, until possession of the property is given to the claimant.
3. The defendant pay the claimant's costs of £100.00.
4. The defendant pay the total amount of £CCCC to the claimant"

(where £CCC is £AAA plus £100; and T moved out just before the ordered date)

I have requested repayment in full from DPS however the tenant is obviously ignoring requests to authorise this, and ignoring my emails. I know there is a route specified by DPS where I can claim the money, howver just to complicate matters, I also wish to deduct £105 from the deposit for carpet-cleaning expenses (they were brand new when fitted and I have photos of their dirty state), leaving £495 to set against rent.

How do I sort this out? If I apply unilaterally to DPS for release of the £600 deposit due to rent arrears and receive it, can I then just put down a £495 credit on the form when I apply for the attachment of earnings? Any other advice as to how to proceed?

16/10/2009 00:00

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