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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to keep deposit

29 replies

2coldinscotland · 03/04/2017 15:48

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?

OP posts:
HeyCat · 03/04/2017 15:51

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 · 03/04/2017 15:51

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 · 03/04/2017 15:53

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 · 03/04/2017 15:53

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 · 03/04/2017 15:53

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

LouBlue1507 · 03/04/2017 15:55

Have you protected her deposit in a scheme?

remoaniac · 03/04/2017 15:55

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 · 03/04/2017 15:56

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 · 03/04/2017 15:57

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 · 03/04/2017 15:59

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 · 03/04/2017 16:03

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 · 03/04/2017 16:04

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.

Original poster
2coldinscotland · 03/04/2017 16:04

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

OP posts:
watchoutformybutt · 03/04/2017 16:12

Deposit not protected then I assume?

unfortunateevents · 03/04/2017 16:22

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 · 03/04/2017 16:22

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 · 03/04/2017 16:23

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 · 03/04/2017 16:26

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 · 03/04/2017 16:32

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

Chloe84 · 03/04/2017 17:09

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

Obviouspretzel · 03/04/2017 17:09

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

Trifleorbust · 03/04/2017 17:13

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 · 03/04/2017 17:16

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 · 03/04/2017 17:23

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.

summerholsdreamin · 03/04/2017 17:27

Does any know if/how long you can keep a mortgage after selling your property?

Or does a mortgage automatically have to be redeemed if there is no property attached?

Reason I ask is that our purchase has fallen through but hope to buy again hopefully within next 6 months. Are my mortgage company (Nationwide) likely to agree to the break? It's quite a small amount in comparison to earnings and at a fantastic interest rate!