Tenant posted keys back and left

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Tenant posted keys back and left

    Hi all
    first post so please be gentle .
    Young couple both signed AST for 12months at end of July .Received parcel yesterday containing property keys plus letter saying due to being laid off at work moving away and back to in-laws ,rent was paid till end of November. AST doesnt finish till end of June 2012.Bathroom left mouldy mess ( it was all brand new) They have now applied to DPS for deposit back (yep cheek beyond belief).I have registered dispute on DPS site. As they are contracted to pay rent till next June will dps scheme allow me to keep deposit towards there unpaid rent?Any advise very welcom.
    Billy

  • #2
    Imo, they have pretty clearly offered to surrender the tenancy. But as the fixed term runs until next June, the tenancy continues until then unless you accept their surrender (at which point their liability would end).

    From what you describe you'd be probably better off to end the tenancy and relet as soon as possible.
    Based on that:
    1. I would tell the DPS that the tenancy has not ended so that T has no ground to request repayment of deposit.
    2. I would contact T and tell them that I could be agreeable to the surrender provided that, fopr example, deposit is forfeited and two months worth of rent is paid.
    In the meantime act as if T was still at the property.

    Comment


    • #3
      This is just a warning....

      You have entered the property without the tenants express permission. As per jjlandlords last line, you have to act as if the tenancy was continuing and I would hope that you wouldn't just wander in and out at will if the tenancy was on-going?

      I don't think a single visit that potentially no one even knows about will cause any problems, but be careful.

      There is an exception to this rule, if you are entering the property to do something with the intention of reducing the tenants liability (ie attempting to get the place let). So booking some cleaners to come and do a days work - fine. Doing viewings with prospective tenants - fine. Having a new years eve party - not fine.

      Comment


      • #4
        Thankyou for those replies .I have entered the property and after taking pics of the steadily rotting bathroom began clearing the mess. Rest of property was just about okay.I would be prepared to accept deposit and call it a day as by the volume of brown envolopes for the tenant I am not going to be alone in chasing for money ,I am counting myself lucky that they left ,they posted me an undated letter telling me they have left and they posted all the keys back.No mention of forwarding address . If I issue unpaid rent notice its just going to end up on doormat of empty property but my question really is if I dispute returning deposit due to ending AST 8 months early will that suffice or would DPS not agree with that outcome -any thoughts

        Comment


        • #5
          Originally posted by billysailing View Post
          I dispute returning deposit due to ending AST 8 months early will that suffice or would DPS not agree with that outcome -any thoughts
          Ending the tenancy 8 months early does not entitle you to retain the deposit: Indeed if you accept that the tenancy has ended without agreement so as to the deposit you are only entitled to propose deductions according to any damage caused to the property.

          Comment


          • #6
            If they are still in the fixed term you are under no obligation to mitigate the debt, however if you accept the surrender it can be with your terms, such as that they continue to pay until you manage to re-let the place, as soon as the new tenant moves in then they owe you nothing further.
            I offer no guarantee that anything I say is correct. wysiwyg

            Comment


            • #7
              DPS should agree without any problem. Fingers Xed.

              If this exceeds the value of the deposit I would claim for rent in lieu of notice - that's a minimum of a month ending on the last day of a tenancy month. So if the tenancy started 1/7/11 and you recieved the keys on 4/12/11 then you would claim rent until 31/1/12 (not until 31/12/11 because that's less than a month).

              You could pursue for rent until you relet or the end of the contract, but in view of your comments, the stance of 'rent in lieu of notice' should cover you.

              Comment


              • #8
                I have tried to contact T but not answering/ignoring call, also sent email asking them to contact me ,so far after five days no contact.Im a very reasonable person and would happily talk but with no fowarding address and not responding to calls its very difficult to accept surrender or move forward in anyway ,so far Iv responded to DPS email telling me T has requested deposit back which i have to admit surprised after the manner in which they left.I will keep you posted as things progress or not as the case may be.
                Thankyou agin for your most useful responses.

                Comment


                • #9
                  Still have no contact from T other than 2nd request for deposit back on DPS, I have declined but DPS site kind of assumes the T is communicating with L ,he is not so presumably when his 2nd deposit repayment request is declined T will at some point have to contact me to discuss. Have sent numerous emails/texts all with no response from T.Oh well will just sit on it anmd see if T ever gets in touch.Very odd behaviour I feel but nothing surprises me in this game.

                  Comment


                  • #10
                    Originally posted by billysailing View Post
                    Still have no contact from T
                    Maybe you should send your tenant a text and an email, saying that unless you hear from them within the next 5 days that you will have no option but to begin legal proceedings to recover the remainder of the unpaid rent until the end of the tenancy in June. The amount of rent owing will be £XXXX and all legal costs associated. Maybe that will flush them out.

                    Did you obtain next of kin details at the start of the tenancy?

                    Comment


                    • #11
                      Has OP contacted DPS to put deposit 'in dispute'?
                      If not T will soon try to claim it under single claim mech.

                      Comment


                      • #12
                        You do not need the tenants express permission to enter the property, so don't worry about that.
                        Always make sure you have a term in your tenancy agreements that allows you to recover unpaid rent before any deposit is returned.

                        That way, you simply point the DPS to that clause, and have the deposit returned to you as landlord.
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                        • #13
                          Originally posted by thesaint View Post
                          You do not need the tenants express permission to enter the property, so don't worry about that.
                          Please read the sticky about a landlords right of access. The OP must act as if the tenancy is continuing - if he doesn't (with the exceptions outlined in the Artworld case) then his actions will lead to a surrender by operation of law.

                          Originally posted by mrs mug
                          no option but to begin legal proceedings to recover the remainder of the unpaid rent until the end of the tenancy in June. The amount of rent owing will be £XXXX and all legal costs associated.
                          OP can only sue for rent unpaid at that time - Right now, next Junes rent is not owing.

                          I think this is because the landlord could win such a case and then re-let before the end of the contract resulting in the tenancy being ended before the tenant had paid up 'til.

                          Comment

                          Latest Activity

                          Collapse

                          • S21 or S8 to evict a tenant
                            BlueMystery
                            I have a tenant who the local council have provided the deposit bond for. He has been nothing but a pain paying his rent and has always been 1 month late or 6 weeks maximum, paying at the end rather than the beginning. He was initially on a 6 months AST, which reverted to one month rollover in the absence...
                            26-07-2017, 19:21 PM
                          • Reply to S21 or S8 to evict a tenant
                            KTC
                            That ....
                            26-07-2017, 21:41 PM
                          • Long Term Tenant - how to protect both LL and Tenant
                            Paul4321
                            Hi All,

                            I'm hoping for a little guidance. I'll almost certainly be following up with some professional advice but hopefully some folks here will have been in a similar situation and can offer some advice. I have done a quick search but not found anything obvious.

                            I already...
                            20-07-2017, 10:07 AM
                          • Reply to Long Term Tenant - how to protect both LL and Tenant
                            KTC
                            A tenancy of more than 3 years to be executed as deed (Law of Property Act 1925).

                            A tenancy of less than 7 years - landlord's repairing obligations (Landlord and Tenant Act 1985).

                            A tenancy of more than 7 years - registration with the Land Registry.

                            If you're going...
                            26-07-2017, 21:39 PM
                          • Reply to S21 or S8 to evict a tenant
                            MrShed
                            I dont see a benefit in Section 8 in this circumstance as the grounds are discretionary not compulsory (is my reading of the situation anyway).

                            Its worth issuing it anyway but then proceed down S21 when it expires?
                            26-07-2017, 21:14 PM
                          • One tenant moving out and two remaining - who pays for the checkout/inventory?
                            IoIo
                            Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

                            Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? Three people all listed as the Tenant under the agreement

                            Q3 – What date did current...
                            26-07-2017, 16:38 PM
                          • Reply to One tenant moving out and two remaining - who pays for the checkout/inventory?
                            MrShed
                            Yes I cant agree with JK on this one, although I agree its an elegant solution in theory. A few issues with it though:
                            - Subletting
                            - The previous tenant in effect remains a tenant (in the eyes of the law)
                            - Any damage that has been caused up to now should in fact be deducted three...
                            26-07-2017, 21:08 PM
                          • Reply to Long Term Tenant - how to protect both LL and Tenant
                            Logical.Lean
                            I would make a list of the improvements / repairs which are required and get some ball park quotes for the work from trades(wo)men in the area.
                            Then I would offer a 6 month rolling tenancy, at a fair rent. I would ask the tenant to quote for a few of the simple jobs, and pay him once completed....
                            26-07-2017, 21:06 PM
                          • Reply to One tenant moving out and two remaining - who pays for the checkout/inventory?
                            Wright76
                            I can't see the departing tenant agreeing to withdraw their notice and nor should they simply to get their deposit back.

                            They are ALL responsible. The tenancy Is ending for all of them and they are jointly responsible for any damage.

                            I'm amused by your insistence for a professional...
                            26-07-2017, 20:43 PM
                          • Ending tenancy early / returning advance rent
                            purpleangel
                            Landlord has served me with S21 to leave property by 10 September. 12 month AST in England. Tenancy has been difficult last few months, major delays in repairs and I am still waiting to be refunded for a locksmith call out a month ago. I paid 12 months rent in advance due to having CCJs.

                            ...
                            25-07-2017, 21:35 PM
                          Working...
                          X