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AIBU to keep deposit

(30 Posts)
2coldinscotland Mon 03-Apr-17 15:48:22

I own a flat which I rent out. Current tenant moved in last February. In November she contacted me to say she did not know about needing a T.V. licence and couldn't afford the fee on top of rent and other outgoings. She asked if I could cover cost. So as not to lose a good tenant I said I would pay half £90. She is now moving out and expects full depost back but I am thinking I should deduct the £90 as the licence goes with her. WWYD?

HeyCat Mon 03-Apr-17 15:51:05

If you didn't agree at the time that you'd be deducting the £90 from the deposit, then I think you have to refund her.

Bear in mind she might have decided to move out if you hadn't agreed to pay this. You can't retrospectively charge her for an expense she thought you were covering.

If you do deduct it, she can dispute it with your tenancy deposit scheme and they'll prob side with her anyway.

BorpBorpBorp Mon 03-Apr-17 15:51:24

Is it not a bit dishonest to say that you'll pay for something and then take it out of her deposit without telling her so at the time of paying?

FurryElephant Mon 03-Apr-17 15:53:16

You said you would cover the cost, not take it out of the deposit so I don't think you could then do that.
But who doesn't know about needing a TV license? hmm

TeenAndTween Mon 03-Apr-17 15:53:27

I think YABU I'm afraid.

If you agreed to pay the £90 for her, you should honour that.
Unless you said it was a loan until she moved out. I don't think you can just deduct it back from the deposit.

However you were being very generous to pay for the TV license. A TV isn't essential, and you can pay monthly. Though how someone can get to the age where they are renting, but not know about TV licenses?!

LateDad Mon 03-Apr-17 15:53:30

Cat probably == certainly, especially if your deposit is lodged with the DPS

LouBlue1507 Mon 03-Apr-17 15:55:11

Have you protected her deposit in a scheme?

remoaniac Mon 03-Apr-17 15:55:33

I disagree with the two people above, you paid it in good faith, not knowing she'd move out a few months later. As you say, the licence goes with her, I think you can deduct it. However, I don't know about the deposit schemes and who they would support in this situation.

KoalaDownUnder Mon 03-Apr-17 15:56:08

I think it's a separate matter and is unrelated to her deposit.

What you are proposing would be illegal here (not U.K.), so you'd best check that too.

19lottie82 Mon 03-Apr-17 15:57:13

Yes, have you protected her deposit? I hope for your sake you have, as I'm guessing you know it's illegal not to? And she can take you to court for up to three times the deposit amount?

Back to your OP, no I don't think you can, that's not what a deposit is for.

Why did you even agree to pay it? It's nothing to do with you if she has one or not?

Bishybarnybee Mon 03-Apr-17 15:59:11

Could you deduct the proportion of the license which has not been used yet? I can't see why you would pay a license for someone who is no longer a tenant?

wrinkleseverywhere Mon 03-Apr-17 16:03:17

I don't think you get a choice. You have (presumably) put her deposit into a registered Tenancy Deposit Scheme & you can only deduct money from the deposit in certain situations with the approval of the TDS.

19lottie82 Mon 03-Apr-17 16:04:09

Bishy no she can't. A deposit isn't to cover stuff like this, it's for damage to the property. This is a personal debt.

2coldinscotland Mon 03-Apr-17 16:04:23

okay, thanks for your replies. Looks like she gets her deposit back then.

watchoutformybutt Mon 03-Apr-17 16:12:23

Deposit not protected then I assume?

unfortunateevents Mon 03-Apr-17 16:22:09

If the deposit was protected as it should be, then you don't get to make arbitrary decisions about what you will deduct from it.

ChocChocPorridge Mon 03-Apr-17 16:22:26

All a bit weird anyhow - why would you pay all upfront rather than monthly/quarterly? And isn't it £147 so half would be 73.50?

chocolateworshipper Mon 03-Apr-17 16:23:05

If you organised the licence, can you cancel it and get a part-refund? If she paid for it (i.e. you gave her the money and then she ordered it) I don't think there's anything you can do.

harderandharder2breathe Mon 03-Apr-17 16:26:26

YABU you can't take it out of her deposit and you made no agreement that she should pay it back to you if she moved out early

YABU for paying it in the first place honestly! Surely it was clear she was a chancer by her even asking! If you can't afford a tv license you don't do things that you need a tv license for. Although quite frankly I don't understand how she couldn't afford it if she paid by direct debt!

chickenowner Mon 03-Apr-17 16:32:50

You paid for half of her TV licence? That's absolutely crazy!!

Chloe84 Mon 03-Apr-17 17:09:21

You can get a refund on a license for unused months. I did.

Obviouspretzel Mon 03-Apr-17 17:09:51

Pretty disingenuous to agree to cover half then deduct it from the deposit.

Trifleorbust Mon 03-Apr-17 17:13:40

You agreed to pay for half so you should pay for half. But I have no idea whatsoever why! Who the hell asks their LL to pay half their TV licence? If you can't afford it, don't watch TV until you can! Nothing to do with your rent.

Allthewaves Mon 03-Apr-17 17:16:39

Beyond weird u paid her tv licence. Ask her to refund you the £90 since she is leaving your property and can get unused tv license refunded . Nothing to do with deposit.

LumelaMme Mon 03-Apr-17 17:23:46

YABU to take it out of her deposit.

YANBU to ask her to refund you the balance when she gets a refund for unused months. Since you seem to have no written agreement about this, though, it will be up to her conscience.

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