Tenants Refusing To Hand Keys Back

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

  • Tenants Refusing To Hand Keys Back

    I have tenants due to vacate property on the 8th January, notice was given and they agreed in writing that they would move out.

    I have given them 2 letters over the last few weeks advising them that they are in breach of their tenancy agreement, they are causing a nuisance to the neighbours and myself through noise levels etc and pointing out the sections in the tenancy agreement that they have breached and that further breach would result in applying to the court for eviction, or the police being called relating to noise levels in the early hours of the morning.
    (I live below the property).
    The 2nd letter, pointed out to them the sections of agreement that needed to be adhered to when they moved out. ie.. the garden being tidyied, property in same state as when they moved in. Windows to be cleaned etc..

    I have also advised that upon them moving out, I would carry out a property inspection and their deposit would be returned to them subject to any damages found. Within 14 days.

    They are now accusing me of bullying, intimidation, victimisation and threats from the letters I sent, so that I can keep their deposit !!!! Demanding an inspection date now and not after they have moved out. They have also advised me in writing that if their deposit is not given to them in full on the day they move out they will not give me the keys back. If they do not give me the keys back can I call the police ? I understand that I will then have to issue an S21.

    Any advice will be appreciated, thanks you..

  • #2
    is the deposit in a scheme?
    Unshackled by the chains of idle vanity, A modest manatee, that's me

    Comment


    • #3
      You may like to advise them that if they refuse to return the keys n the last day of their tenancy then the tenancy and their liability for rent continue (regardless of whether they move out of not) and that rent is reservable monthly (i.e. they cannot just pay a proportion of the rent until they do finally decide to give the keys back).

      If they do vacate and take all their stuff with them, you may prefer simply to change the locks/barrels as you would at the end of most tenancies for security's sake - then the set of keys they are refusing to return are worthless anyway. Claim for the new locks from their deposit, though.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


      • #4
        Just make sure that you have a record of them vacating and ending the tenancy.
        Beyond that if keys are not returned, you can claim cost of changing the locks from their deposit.

        Comment


        • #5
          Refusal to hand keys back

          Thanks for replies.

          The deposit is not in a TDS as I live in the same property/house. I was of the understanding that I did not need one as there are 2 flats in the same house.

          The tenant is requesting the certificate for above but I do not have one.

          I have been advised since that I possibly am not correct, the property is a semi detached house, I live in the bottom flat and the tenants live in the upstairs flat.

          What should I do, and am I correct or not ?

          Comment


          • #6
            It sounds as though the deposit should be protected, yes. It's only resident LLs with lodgers who don't need to protect deposits, on the whole. I would lodge your T's money with the DPS immediately if I were you, then T cannot complain/sue you. It's free and takes only a few minutes to do:

            http://www.depositprotection.com/

            The when she finally does vacate, claim the cost of new locks and unpaid rent if possible.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


            • #7
              I would agree with MTG, that deposit protection does apply in these circumstances. If you were sharing the property with shared kitchen/bathroom etc, they would be your lodgers and deposit protection is not compulsory. However, if the flats are totally self-contained, then protection is required.

              Protect it now with DPS as advised above, and print off the prescribed information for the tenant. They may jump up and down over your protecting it late and shout about possibly claiming 3x the deposit value, but there is no penalty for late protection, only non-protection, so get on with it now!

              Regarding possibly damages/deductions, did you have a full and thorough inventory of the condition of the property at the start? If you need to apply to DPS for deductions, you need proof of the before and after state of the property.

              From your OP, do I conclude that you gave them notice? I am curious over what form your notice to them took? As you are now asking whether you need to issue an S21, how did you give them notice in the first place? The S21 is the usual route to advise a tenant you are seeking possession. I am not sure whether their written confirmation that they would leave on xx date over-rides this - perhaps those more legally experienced that I can confirm please?

              Comment


              • #8
                Thanks for your replies. I did go to the local citizens advice bureau but was advised they cannot give me any advice as I am a landlord.. So I then contacted a solicitor. He advised me to just give them their deposit back irrelevant of any damages just so that they go & the matter is finished. Learn for the next time....
                I asked him if I should put the deposit in the TDS now & he said no point.. I have since registered to the scheme & think I will put the deposit in anyway. Will I incurr any penalty from the TDS itself for submitting a late deposit ??

                The tenancy was due to end and before I found out that I had to submit an S21, I advised the tenants that I did not wish to renew their agreement. Again, I learnt something new..

                It seems as long as they are getting their full deposit back they will leave, so will see what the property inspection brings etc..

                Comment


                • #9
                  I did go to the local citizens advice bureau but was advised they cannot give me any advice as I am a landlord..
                  That's nice that is. So what are we landlords then? Sub-citizens!
                  I offer no guarantee that anything I say is correct. wysiwyg

                  Comment


                  • #10
                    Originally posted by lilpiggy View Post
                    Will I incurr any penalty from the TDS itself for submitting a late deposit ??
                    Don't use the TDS, use the DPS (see my post above). It is the only free one and yes, you can lodge a deposit late without penalty.
                    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                    Comment


                    • #11
                      Once deposit is protected, you MUST provide Ts with stat 'required info' before you can issue a valid s21

                      Comment


                      • #12
                        Originally posted by lilpiggy View Post
                        I did go to the local citizens advice bureau but was advised they cannot give me any advice as I am a landlord.
                        That's bang out of order, but I'm not surprised.

                        Is CAB funded by our donations and taxes or is it not?

                        I can see the point if you are a professional LL with 126 or so properties, but not if you are a small LL and a private citizen.

                        Apart from anything else, you are trying to save the having to deal with your T.

                        I've had the same "we don't talk to landlords" response from the Shelter helpdesk before, but Shelter are a group who campaign for mega-rega-lation on LLs and put out a stream of dodgy statistics to boot, so I expect it.

                        CAB should be better than that. Grrr.

                        Questions in the House, perhaps :-).

                        ML
                        Refer Mad Regulators to Arkell vs Pressdram.

                        Comment


                        • #13
                          Calmly reply " I appreciate that,but I am asking as a citizen and your organisation's name indicates you offer advice to all Citizens
                          Or
                          "Yes, I am a LL" then launch into Portia's 'do we not bleed' speech from The Merchant of Venice.

                          Comment


                          • #14
                            If the CAB is a registered charity then to refuse advice in that way could be a breach of their charitable status.

                            http://www.citizensadvice.org.uk/ind...how_funded.htm
                            I also post as Moderator2 when moderating

                            Comment


                            • #15
                              Originally posted by jta View Post
                              That's nice that is. So what are we landlords then? Sub-citizens!
                              Landlords are on the whole people with enough money to afford a solicitor. The CAB is not intended to be a complete replacement for the legal profession.
                              Disclaimer:

                              The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X