Tenant left without notice and wants rent rebate!

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    Tenant left without notice and wants rent rebate!

    Hi,

    My tenant who was running her business from my property (at odds with the contract) has left without notice with 2 weeks to run on a 6 month AST, owing the final months rent (£900). She has left the keys in the property and sent me a long letter detailing why she has left.

    The odd thing is she is claiming that the rent was higher than the market rate and wants a rent rebate dated back to the begininning of the tenancy (approx 150 per month reduction)!.

    In addition, there are 2 broken windows which she claimed were due to earthquake damage(!!), a broken oven door (which was brand new when she moved in), a broken jacuzzi bath and the garden is a right state.

    She is demanding her full deposit back and she is threatening legal action if I don't refund in full.

    What I'd appreciate advice on is what I should do now - are there any legal issues I need to take car of immediately?

    (I posted earlier that I may have to serve notice to get her out due to rent arrears & the business aspect, but she may have done me a favour )

    Many thanks. TB

    #2
    Do not help her at all. She is indebted to you. Certainly run away from collusive fraud as to the amount of rent.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      Thanks.

      What is collusive fraud?

      Having re-read the letter (it's 6 pages long!), she says as I didn't fix a curtain rail and didnt pay for pest control to remove ants (buy some ant powder?) that this is grounds for terminating the contract early.

      In addition, I put a for sale board up after informing 2 months earlier I wanted to remarket the property unless she wanted to stay longer than 6 months. She wouldn't tell me her plans so this week the board went up (2 weeks left to run on the ATS). Is this unlawful or grounds to leave early owing rent?

      Comment


        #4
        Originally posted by TenBob View Post
        What is collusive fraud?
        Helping T to defraud someone else.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Originally posted by jeffrey View Post
          Helping T to defraud someone else.
          I'm confused now as well, who is the tenant defrauding by saying that the rent was above market rate?

          Comment


            #6
            Originally posted by Wrigglesworth View Post
            I'm confused now as well, who is the tenant defrauding by saying that the rent was above market rate?
            The landlord - i.e. , OP?
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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              #7
              Originally posted by mind the gap View Post
              The landlord - i.e. , OP?
              In which case where is the collusion?

              Moreover, far be it from me to disagree with a solicitor, but I assumed that fraud required dishonesty, not a cackhanded attempt to renegotiate the rent after the event without any form of decpetion involved.

              Comment


                #8
                Originally posted by Wrigglesworth View Post
                In which case where is the collusion?

                Moreover, far be it from me to disagree with a solicitor, but I assumed that fraud required dishonesty, not a cackhanded attempt to renegotiate the rent after the event without any form of decpetion involved.
                Ummm...my brain hurts. Perhaps the assumption is that she is going to offset the rent against tax, as she was running her business from the premises? So, the more rent she could claim to have forked out, the greater the tax rebate? I'm guessing.
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                  #9
                  I think Jeffrey has introduced an element that is not relevant. Rent is a core term and even if it is above that to similar properties it is a "market" rent which is simply what somebody is prepared to pay.
                  The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                  Comment

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