Difficult tenant

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    Difficult tenant

    Hi,

    Would love some expert advice please....

    To cut a long story short
    I have a tenant signed a 6mth contract....4mths in she has decided to leave due to the shower not being installed as quick as she would like it to be.
    She pays on the 12th of every mth, and has told me she is not paying on the and is now leaving on the 24th of this month. I am glad she is going (as she has been a handful) but how should I treat her deposit??

    She has left the flat in a good state, but has blacklisted it as she is refusing to pay phone/gas/elec bills.

    shall I deduct the rent owing from it or is she in breach of contract due to her leaving 2mths early??

    Please help as I am new to all this.

    Many Thanks
    Nicole

    "You too can change the world: create like a god,
    command like a king, work like a slave" (Guy Kawasaki)

    #2
    1. Did you promise the tenant a shower? If so then she would be entitled to one. How long is it since it was requested? If it was at the beginning of the tenancy or even 6 weeks ago, you should have done something by this time. If it was only last week then that's a different matter.
    2. You might have "frustrated" your tenancy agreement by not installing the shower, and you might be in breach. Your tenant might have the right to early determination as a result, but that will depend on the detail.
    3. The tenant is contracted to stay there for 6 months and should pay rent for this period, but does the lack of a shower installation above alter that?
    4. The tenant has contracts with ultility and 'phone providers so it's nothing to do with you.
    5. The property will not be "blacklisted"; it only applies to the person.
    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


      #3
      Firstly, the property isn't "blacklisted" .. only the person.

      My understanding is that it really depends on whether the AST stated the deposit could be used against rent arrears or not, as to whether you can legally withold it. Although some LL do, whether it's in the AST or not.

      She remains liable for the rent till the end of the fixed period but you have to mitigate your losses by re-letting as soon as you can but you can also look to her for your re-advertising costs.
      Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

      Comment


        #4
        Originally posted by pippay
        My understanding is that it really depends on whether the AST stated the deposit could be used against rent arrears or not, as to whether you can legally withold it.
        My ASTs include this clause - however I've often wondered... in the case of a landlord whose tenant does a runner with rent arrears but who doesn't have the relevant clause in the AST - are they *really* expected to hand back the deposit to the tenant who still owes them rent? Has anyone ever done this, or been forced to do so by the courts?! Would be interested to know.

        Comment


          #5
          Did you promise the tenant a shower? If so then she would be entitled to one.
          [I]I did say a shower would be installed, I did not say when it would be installed.
          I had someone in that started the job, tiles etc... but left the job halfway through. I was in the process of getting someone in to finish the job.

          "You too can change the world: create like a god,
          command like a king, work like a slave" (Guy Kawasaki)

          Comment


            #6
            Judging by the amount of tenants who complain about LL witholding the deposit for just about anything, it would seem that their only recourse is to take the LL to court - at which time the LL could counterclaim against rent arrears ..?? I think ??

            Originally posted by Ericthelobster
            My ASTs include this clause - however I've often wondered... in the case of a landlord whose tenant does a runner with rent arrears but who doesn't have the relevant clause in the AST - are they *really* expected to hand back the deposit to the tenant who still owes them rent? Has anyone ever done this, or been forced to do so by the courts?! Would be interested to know.
            Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

            Comment


              #7
              She remains liable for the rent till the end of the fixed period but you have to mitigate your losses by re-letting as soon as you can but you can also look to her for your re-advertising costs.

              So should I deduct the rent from the reminder of 2mths left on the tenancy from the deposit?


              "You too can change the world: create like a god,
              command like a king, work like a slave" (Guy Kawasaki)

              Comment


                #8
                If you decide to withold the 2 months and then find a replacement tenant within a week, you would have to repay her the difference less your advertising costs and any delapidations / damage.

                Other than that it's your call!

                Originally posted by Nicolesimone
                She remains liable for the rent till the end of the fixed period but you have to mitigate your losses by re-letting as soon as you can but you can also look to her for your re-advertising costs.

                So should I deduct the rent from the reminder of 2mths left on the tenancy from the deposit?


                "You too can change the world: create like a god,
                command like a king, work like a slave" (Guy Kawasaki)
                Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

                Comment


                  #9
                  Originally posted by pippay
                  If you decide to withold the 2 months and then find a replacement tenant within a week, you would have to repay her the difference less your advertising costs and any delapidations / damage.

                  Other than that it's your call!

                  Many Thanks Pippy I think I will do just that!


                  "You too can change the world: create like a god,
                  command like a king, work like a slave" (Guy Kawasaki)

                  Comment


                    #10
                    Originally posted by Nicolesimone
                    Did you promise the tenant a shower? If so then she would be entitled to one. I did say a shower would be installed, I did not say when it would be installed.
                    Sorry, but I think I'm with the tenant on this one. Only you and she know what was promised, if this was verbal.... Correct me if I'm wrong but I think you're using weasel-words to shirk your responsibility. Don't you think that by two-thirds of the way through the lifetime of the tenancy agreement this should have been sorted out?
                    Originally posted by Nicolesimone
                    I had someone in that started the job, tiles etc... but left the job halfway through. I was in the process of getting someone in to finish the job.
                    That's totally your problem though; and it sounds like the scenario is worse than you stated if the tenant is living in a half-finished mess.

                    Comment


                      #11
                      Originally posted by Ericthelobster
                      Sorry, but I think I'm with the tenant on this one. Only you and she know what was promised, if this was verbal.... Correct me if I'm wrong but I think you're using weasel-words to shirk your responsibility. Don't you think that by two-thirds of the way through the lifetime of the tenancy agreement this should have been sorted out? That's totally your problem though; and it sounds like the scenario is worse than you stated if the tenant is living in a half-finished mess.
                      Sure if I had promised a shower within 2 weeks, I would agree with you, but I never promised that, I stated “A shower will be installed in the future”
                      Also the work did take place when no one was in and I made sure all mess was cleaned up.

                      Unfortunately the guy which started the work couldn't finish the job as he had other commitments on, and I do take full responsibility for that. That was my problem I agree.
                      At the time she left I was ringing round for quotes and was commencing the work on the Saturday (she left the Friday).


                      "You too can change the world: create like a god,
                      command like a king, work like a slave" (Guy Kawasaki)

                      Comment

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