Tenant threat to break contract

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    Tenant threat to break contract

    My tenant rents a room in one of my houses, and let his girlfriend move in. I raised the rent as this is only fair, even though the fixed term hasn't ended. He is now threatening to stop paying the rent because he says I have broken the contract. I say he's the one defaulting by bringing her in.

    He says they'll leave before the agreement finishes and will stop the rent payments. Would I be able to hold back unpaid rent and/or the increased rent from his deposit ?

    #2
    Originally posted by msoren View Post
    My tenant rents a room in one of my houses, and let his girlfriend move in. I raised the rent as this is only fair, even though the fixed term hasn't ended. He is now threatening to stop paying the rent because he says I have broken the contract. I say he's the one defaulting by bringing her in.

    He says they'll leave before the agreement finishes and will stop the rent payments. Would I be able to hold back unpaid rent and/or the increased rent from his deposit ?
    If his tenancy agreement prohibits sharing the room, then he is in breach of contract. He is right in that you should not raise the rent without his agreement during the fixed term,; two wrongs don't make a right. It would have been more appropriate to ask him whether he wanted :

    a) to continue at original rent but have girlfriend move out
    b) to continue to house girlfriend as well, but to acccept a rent increase to reflect increased wear and tear on property

    You need now (I think) to withdraw the proposal to increase the rent (inform him of this in writing) and ask him to move his girlfriend out immediately.

    If he continues to withold rent, yes, you should be able to claim it back from his deposit. Would his deposit be sufficient to cover all the rent he would owe if he moved out now? If not, you would have to pursue him throught the courts, especially if there are damages/cleaning to pay for as well.
    '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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