Tenant paids rent but left UK for USA

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    Tenant paids rent but left UK for USA

    Hello,

    I have a tenant who signed a two year AST and 4 months before it end has left the property but I and the tenant agree he would pay rent until I find another tenant and then he wouldn't have to paid rent.
    He gave me over two month notice he was going to be leaving the UK back in June 2012 and he will move out sometime Sep 2012 (he moved out 10th Sep 2012). I didnt think I would find a new tenants so quickly so I told him he def would be paying ret up until Nov or when I get a new tenant. But the agent did and we signed a new contract with the new tentant on the 02nd Oct 2012.

    However the old tenant has paid for Oct 2012 and also I have made him pay for a re-signing for the new tenant of 100 pounds. It taken two emails to get him to pay the-signing fee and threat of CCJ against him and this wife to get this money, I also mention in the email if he didnt pay the 100 re-signing fee and cancel fee of 100 pounds. The CCJ would go through the courts and be recorded on his and her passport and would stop them getting credit etc. (think it shocked I was serious).

    I agreed with the tenant to put the Deposit Protection money into my account if he provided me with all the details, which I did and the tenant informed me to take the remaining and put it towards the Oct rent and he pay the difference of 72 pounds to make it the full rent for the month. Which I did, taking away the cost of cleaning the over and carpets as per our agreement.

    He now contacting me saying that I own him one months rent as the new tenants were living in the property when he had paid rent (the new tenants have also paid for the month as well). Is this guy for real? He also said that he does not take kindly to threat of CCJ when it me who has breach the contract and not him. He thinks I harassed him to force him to pay and that he was evicted by he as he had not surrender the property or given it up.

    He now informs me that if the Oct rent is not returned, he will sue me for breach of contract and apply for a CCJ. What a cheeky git!

    It was him who left the contract early and me/agent who had to find new tenants, so the rent is legally mine?
    I never got anything in writing about our agreements apart from Despoit scheme money and the 100 pound for re-signing.

    Is the money legally his? can he get a CCJ against me? or sue me for breach of contract?

    #2
    You cannot legally take rent from two separate parties on the same property at the same time.

    Yes he is entitled to his money back for the overpayment and yes he could make you pay via a court order.

    Talk about want your cake and eat it!



    Freedom at the point of zero............

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      #3
      Repay him now and apologise as I suspect he will sue you. Do the decent thing.

      Comment


        #4
        He now informs me that if the Oct rent is not returned, he will sue me for breach of contract and apply for a CCJ. What a cheeky git!
        So it is ok for you to threaten a CCJ, but not him? What goes around.....

        Do the decent, business like and as Interlaken says, the legal thing. Sheesh..
        Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

        Comment


          #5
          Hmmnnnn... your email of death..warlo... may perhaps indicate you think you have special powers. You don't & like us all should obey the law and act decently...

          Cheers!
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            I would add that if you didn't agree the resigning fee and 'cancel' fee (whatever that is)with him BEFORE agreeing to relet the property you should give him that back too.
            My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

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