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I too have had a tenant abscond before the end of a tenancy…

Hi Joshua, I too have...
Hi Joshua, I too have had a tenant abscond before the end of a tenancy with arrears in excess of the deposit. The agent who registered the deposit explained that I would need to get a court order for them to release the deposit which they registered for me as my agent. I submitted an MCOL and judgement was entered in my favour. The agent have stated that 'judgement entered' is not sufficient and that I should ask the court to review the case and issue an order for the deposit to be released to me as claimant. I cannot see how I can do this on MCOL as the next step appears to be to issue a warrant for bailiffs to recover the monies, which is pointless as a trace I instructed could not find the tenant's new address. I have tried contacting My Deposits with whom the deposit is registered, and whilst they confirmed the registration they said they could not discuss the matter as it was registered by the agent, and advised me to contact the agent. Please advise what I should do next?
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2/21/2018
Jamie-Law
Jamie-Law, Solicitor
Category: UK Property Law
Satisfied Customers: 7,258
Experience: Solicitor
Verified

Hello my name is ***** ***** I will help you with this.

You need to make an application to Court as MCOL wont let you do this.

You need to complete form N244:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

You are seeking to vary the order to allow for money Judgment of £x amount and also that the deposit held by TDS can be released to you and offset against Judgment

Can I clarify anything for you about this today please?

If not I would appreciate a 5 star rating for my answer. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

Jamie-Law
Jamie-Law, Solicitor
Category: UK Property Law
Satisfied Customers: 7,258
Experience: Solicitor
Verified
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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