T left without informing LL, can LL claim full deposit for rent

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  • greenarrow
    replied
    Thanks Jeffrey and Westminster, I feel much more confident now going into the dispute process over the deposit.

    P.S. sorry Jeffrey for the typo on your name.

    Leave a comment:


  • westminster
    replied
    Originally posted by greenarrow View Post
    The tenant is claiming that because I didn't issue another AST he has grounds to just leave without notice - I can't see that in the contract.
    When the fixed term of an AST expires and the T remains in occupation, a statutory periodic tenancy is automatically created - i.e. a monthly rolling contract. All the terms in the original contract stay the same, except for those relating to notice. So T is talking rubbish.

    What was the actual start date of the fixed term?

    Let's say, for example, that it was 14th June 2009; this would mean that the periodic tenancy began on 14th December 2009, and the rental periods would run 14th - 13th of the month (this is regardless of rent due date). To end the tenancy, the T would have to give you at least one month's notice, also to expire at the end of a rental period - using my example, this would mean that, if he effectively gave notice by vacating the property 'towards the end of April' then his rental liability would continue until 13th June.

    He also claims that repairs to the property were not undertaken and that the house was damp from a leaking bathroom. He did inform me of a leak from around the bath prior to Christmas and I had that fixed in a couple of days. There has been no mention of any ongoing leakage although he is using this as another reason for his departure.
    The onus is on the T to prove that he reported any disrepair. As he didn't, this is just a red herring.

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  • jeffrey
    replied
    Originally posted by greenarrow View Post
    I don't want to appear dim but what do you mean when writing "s.5(3)(e)"
    I guess its a reference to a document or contract, but can you give me a direction to its source, either a link or .pdl reference.
    Section 5(3)(e) of the Housing Act 1988. See post #5 on http://www.landlordzone.co.uk/forums...ad.php?t=28889

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  • jeffrey
    replied
    Originally posted by greenarrow View Post
    Thanks Jeffery.
    Who's that, then?

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  • greenarrow
    replied
    Thanks Jeffery,
    I don't want to appear dim but what do you mean when writing "s.5(3)(e)"
    I guess its a reference to a document or contract, but can you give me a direction to its source, either a link or .pdl reference.

    Many thanks.

    Leave a comment:


  • jeffrey
    replied
    Originally posted by greenarrow View Post
    The contract says that written notice must be given to end the agreement of at least one month by the tenant. But, I was wondering if there were any special circumstances that the tenant could use to override this point.

    The tenant is claiming that because I didn't issue another AST he has grounds to just leave without notice - I can't see that in the contract.
    No, he's wrong.
    Once an AST/SAT's fixed term expires it becomes periodic (SPT). All provisions (in the Letting Agreement) about Notice periods cease: s.5(3)(e).
    T can give common-law Notice To Quit. If the SPT's periodicity is monthly, the NTQ must:
    a. give L at least one month's Notice; and
    b. expire at the end of an SPT monthly period.

    Leave a comment:


  • greenarrow
    replied
    Originally posted by thesaint View Post
    What does the contract say?

    What does the contract say?
    The contract says that written notice must be given to end the agreement of at least one month by the tenant. But, I was wondering if there were any special circumstances that the tenant could use to override this point.

    The tenant is claiming that because I didn't issue another AST he has grounds to just leave without notice - I can't see that in the contract.

    He also claims that repairs to the property were not undertaken and that the house was damp from a leaking bathroom. He did inform me of a leak from around the bath prior to Christmas and I had that fixed in a couple of days. There has been no mention of any ongoing leakage although he is using this as another reason for his departure.

    (thesaint) Thanks for your post.

    Leave a comment:


  • thesaint
    replied
    Originally posted by greenarrow View Post

    My questions are:
    1. They say they have been advised that because I didn’t re-issue the AST after their extra two weeks payment they have the right to leave without giving any notice. I wouldn’t have thought so but clarification would be appreciated.
    What does the contract say?

    Originally posted by greenarrow View Post

    2. The deposit (held in DPS) is under dispute. Can I claim that the deposit should be retained by the LL for the unpaid rent 29th March – 29th April.

    What does the contract say?
    You can initiate a court claim for the missing rent.


    (It would be rent from 29th March to the 28th April.)

    Originally posted by greenarrow View Post

    3. If the T’s do not inform me that they have left the property or even given notice to vacate, what is their and my legal standings from the point of responsibilities towards the property? i.e. are they responsible for anything that happens to it until I discover they have left, i.e. if they have left the windows open and intruders have gained entrance, etc.
    The responsibitlties of the landlord and the tenant stay the same from the start until the end of the tenancy.

    Leave a comment:


  • T left without informing LL, can LL claim full deposit for rent

    A 6 month AST started in June 2009 with the rent due on the 14th of each month. As the months passed the T payment was getting gradually later and later, 15/7, 20/8, 25/9, 28/10 and 27/11. They said it was because they had changed employment and a rent date of 14th was too difficult. I wrote a letter to them in early December suggesting that if they were to pay an additional 2 weeks rent that would make the rent payment date 29th of each month and I would issue a revised AST showing the change. Decembers' rent was received late on 8th Jan 2010 although they did pay the extra 2 weeks rent on 15th Jan 2010. I waited to see if the rent would arrive on time (29th Jan) but it did not arrive till 5th Feb and the next on 5th Mar. I did not reissue the AST during this time because they were not sticking to our agreement of the 29th.

    So, their last rent was on the 5th March which covered them from 28th Feb to 29th March. They paid no more rent and there were excuses and promises as to why the rent was not paid at the end of March. They then just left towards the end of April without informing me of their intention to vacate. No notice of termination and no call to say they had left; they had at this point become in-contactable. We discovered the property vacant on 29th April and regained possession.

    My questions are:
    1. They say they have been advised that because I didn’t re-issue the AST after their extra two weeks payment they have the right to leave without giving any notice. I wouldn’t have thought so but clarification would be appreciated.

    2. The deposit (held in DPS) is under dispute. Can I claim that the deposit should be retained by the LL for the unpaid rent 29th March – 29th April.

    3. If the T’s do not inform me that they have left the property or even given notice to vacate, what is their and my legal standings from the point of responsibilities towards the property? i.e. are they responsible for anything that happens to it until I discover they have left, i.e. if they have left the windows open and intruders have gained entrance, etc.

    Sorry for all the words but I would greatly appreciate any help or advice given on this matter as the tenants have now initiated a “single claim” through the DPS and I need to know where I stand.

    Thanks in advance.

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