Tenancy commenced 15 Oct 08 for term of 12 months. Tenant phoned Landlord September 09 to say they planned to buy a new flat which was not yet built but anticipated moving to new flat sometime in December. I asked tenant to give me proper notice to terminate at appropriate time and to keep me informed. Tenant phoned me on 5 December 2009 saying they have just exchanged contracts and will be moving out on 18th December and have cancelled standing order for monthly rent due 15 December which they say I should deduct from the deposit! . They had not given me a notice to terminate. Tenant moved out on 19 December. Prospective new tenants were found by my agent and completed new tenancy on 13 Jan 2009. Previous tenants have been chasing/hassling me for return of their deposit despite non payment of rent on 15 December. I reckon that tenant owes me rent up to 14 Jan 2010 less 2 days due to new tenant start date of 13 Jan. However I had overlooked to put the Tenants Deposit in a TDS and the tenant has sent a formal notice for return of full one months deposit and highlighted 3 times penalty provisions. Tenant has also sent a Notice letter dated 11 November 2009 by recorded delivery which was posted on 22 Jan 2010 ! (83 days to deliver) giving one months notice and saying that they will leave on 18 December and requesting return of deposit. I had not seen this letter until 23 Jan 2010. I reckon the tenant owes me about 27 days rent plus cleaning costs etc. Am I being unreasonable?
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