unpaid rent

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    I had a 12 month AST with my tenants-where contract could be terminated after the 4th month if either the landolrd or tenant gave 2/12 notice. They have given me the 2/12 notice- but one of them has not paid me rent for this month gone (there's three of them)-that one said she would be leaving after 1 month and wants me to keep rent for that month out of the deposit.

    1. i know under the AST all the tenants are responsible for the rent and i can't take that rent out of the deposit because she says..

    2. i've issued a reminder yesterday- rent is now overdue 4 days today.

    i know i have the option of taking the rent eventually out of the deposit if she doesn't pay up or court..

    please, please help on what i can do..thanks

  • #2
    Why don't you just let 'em go?


    • #3
      When the tenancy ends, you add up the total amount of rent still owed by the 4 tenants and request it from the deposit scheme. The balance will be refunded to the 'lead' tenant.

      Let them argue amongst themselves who owes whom what - it's their problem.


      • #4
        Originally posted by anna63 View Post

        1. i know under the AST all the tenants are responsible for the rent and i can't take that rent out of the deposit because she says..
        Because she says what? All three tenants are liable for all of the rent. If any rent is owing at the end, then claim unpaid rent from the deposit or issue a claim against the tenants for the debt.

        Did the tenancy start after 6th April 2007 and is the deposit protected in a scheme?


        • #5
          Originally posted by westminster View Post
          Because she says what?
          thanks for the replies. i meant because she says she wants me to take out the rent from the deposit. the deposit is currently protected with the dps. If this does go to court- how long does that process take and what steps are usually followed?

          i'm not a professional LL and the first time i've had missing rent.. it is such a horrible feeling ppl living in your property and not paying rent
          how do you professional LLs cope? thanks


          • #6
            I think you are right to be wary, althougnit may be unfounded.
            The deposit is first and formost against dilapidations and secondary against rent arrears.
            Your tenant may be using this as a way against getting their deposit back and the you would have to take them to court for any damages to the property.
            I would explain to them and more importantly the other tenants the implication of this.
            for example if the tenant in question leaves before the others then they have in effect got their pertion of the deposit back and this may then leave the other tenants short should there be damages to deduct form the remaining deposit.
            i would check with the rother tenants that they are happy for this to happen as they may find that they have no deposit remaining after damages are dedeucted.
            They are all jointly and severaly liable for rent and damages deducted from the deposit.


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