Tenant requests Last months rent to be deducted from the Security Deposit

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    Tenant requests Last months rent to be deducted from the Security Deposit

    Hi All,

    I am a Private Landlord,

    Having a property which has a Tenant who claims he has financial difficulties and can no longer afford to stay in the property,
    he is requesting that the last months rent to be taken from the deposit and is willing to sign an agreement for the same.

    I have my reservations........ but
    The good news is that he has left the Property and taken everything with him, I have NOT entered the property as he has not handed the keys back, however I can clearly see that the house is empty as the the curtains and the nettings have been removed and taken by him.

    He says he will hand the keys back as soon as his post has been diverted,

    I drafted a letter stating that he has agreed that the surrender of the property does not comply with the AST in force (which is now a Month to Month) and he is willing to forfeit the Security deposit, especially for the rent arrears.
    he has also confirmed this in a Text message to me. I have informed him that any damage or unpaid bill will also be deucted from the deposit. (if any deposit is remaining).

    I am hoping he hands the keys back before the next rent due date,

    what I want to ask is, should I be doing anything else to prepare myself for any unexpected outcome?

    Thank you in advance


    #2
    If they are genuinely in financial difficulties, it probably doesn't make much difference that they are in breach by making you have to use the deposit to cover the rent. If you rejected the surrender, they would probably just run up more arrears and might exhaust the the deposit, leaving nothing for damage.

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      #3
      I agree with the above, but you might want to carry out a damage inspection on the property before finalising the arrangement. There is a model deed of surrender on this website. You might want to take a look at that first.

      Comment


        #4
        Give over 24 hours notice of inspection (post it through the door, with a witness/video of you doing it on your phone).
        Visit over 24 hours later, knock loudly, unlock, shout loudly letting them know its the landlord etc.. Again, bring witness + record on phone.
        If asked to leave then you just go.
        Touch nothing unless its risking damage/security of the property (ie windows open, water running etc).

        This gives you a good chance to assess for potential damage/clearup.. If your are satisfied that no major issues then you potentially could accept the tenants offer but insist that they surrender asap for that to be an option (give them a deadline of a couple of days - week maybe?)

        Just my 2p.. Am sure others will be along with better ideas shortly.

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