Tenant doesn’t move out and mistakenly I have released the deposit

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    Tenant doesn’t move out and mistakenly I have released the deposit

    Hi,

    I’m dumb I know and need some help please.

    my two tenants asked to leave my flat and rather than giving me the 4 weeks notice as per contract they asked to leave in 2 weeks time which I agreed.
    On the day that they suppose to move out, 1 of the tenant refused to move if the deposit wasn’t returned to him on the spot.
    I rightfully protected the deposit with DPS, however my mistake was that I did release the full deposit thinking that the money were hitting their bank account for them to physically leave the property and surrending the keys. However the DPS confirmed the release and with an automatic email said that the deposit will be released in 5 working days. At that point one of the tenants refused to leave.
    He said that when the deposit will reach his account he will leave, however I’m concerned that he won’t and cause me lots of troubles.

    What can I do to protect myself? Should I call DOS to see if they stop releasing the deposit? Should I trust and hope he will just leave in few days?

    help please as I feel I’m in a tricky (bad) situation now.

    thank you everyone for help!

    #2
    Worst case scenario assuming they've given you valid NTQ which you could accept, they could then be charged double rent beyond the 4 week notice period...

    Comment


      #3
      They communicated verbally over the phone and then I have some text talking about the leaving day and the return of the deposit. I heard about the double rent charge, not sure how to apply that though.

      Also, I am afraid they won’t have any money to repay.....can I stop the deposit release from DPS after it has been released and it’s processing?

      should I start a professional eviction process?

      to threat me they said that under Covid they can stay and not pay rent...I believe the covid scheme has expired for evictions...

      how should I proceed?

      Comment


        #4
        Originally posted by Zaffiro View Post
        They communicated verbally over the phone and then I have some text talking about the leaving day and the return of the deposit. I heard about the double rent charge, not sure how to apply that though.

        Also, I am afraid they won’t have any money to repay.....can I stop the deposit release from DPS after it has been released and it’s processing?

        should I start a professional eviction process?

        to threat me they said that under Covid they can stay and not pay rent...I believe the covid scheme has expired for evictions...

        how should I proceed?
        Depends if the text counts as a valid notice to quit - if it does then https://www.astlepaterson.co.uk/when...t-double-rent/

        If not, you'd could submit a section 21, along with a section 8 (rent arrears). If they're more than 6 months in arrears they are prioritising hearings.

        Comment


          #5
          What does the text state?

          Comment


            #6
            It doesn't sound like it really matters whether the OP has rights they could use in normal times. These are not normal times and the tenant is threatening to stay put and pay no rent and it is likely that it would take many months to get them out.

            I think that under the circumstances I would let them stay the extra few days and hope they leave once the deposit is repaid. I would send them legal letters about the consequences of holding over in the meantime though and keep the pressure up in case they think you're a soft touch.

            Comment


              #7
              Thanks for the advice!

              Comment

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