Verbal months notice given but final months rent not paid!

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  • Verbal months notice given but final months rent not paid!

    I am a resident landlord, my tenant verbally gave me a months notice, agreed to clean the room (hasn't been done), extracted a verbal reference from me for their next tenancy, cleared their room and then handed the keys back. No rent for this month has been received. No deposit received at beginning of tenancy because they weren't able to pay.

    Monthly rent collected via bank account transfer has always been on time up until now so I have a full record of all monies received.

    Any advice on whether I can persue this through the smalls claim court if necessary (and would I win?) would be welcome?

    Thanks.

  • #2
    Is it worth it? Has the ex-tenant got funds?



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

    Comment


    • #3
      What did you say to the tenant about the rent when he handed you the keys?
      Do you have a contract?
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


      • #4
        Hi thesaint and Interlaken

        Thanks for your replies - much appreciated!

        1. Funds - I would say yes - regular income and enough income to increase their rent on new property and offer my cleaning lady a job ...

        2. Keys - they didn't hand them to me personally but left them behind when they cleared the room for the final time. No contract. I've checked this on the Citizens Advice Bureau website and it says that as I am a resident landlord a contract is not necessary.

        I've been trying to contact the tenant via phone, text and email but have had no response in 2 weeks. They've not replied to any of my messages.

        Comment


        • #5
          Yes, a contract isn't necessary, but it's a lot easier to go to court with a piece of paper rather than what you will be turning up with.

          Do you have an address for the ex-lodger?
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


          • #6
            Hi there

            OK understood.

            Yes I do have an address.

            Comment


            • #7
              Who's to say what notice period was required? You did everything verbally, nothing prevents tenant saying that you could give notice a day before you moved out.

              Any time or money you spend really will be wasted. Unless you have any documentary proof such as correspondence to state that it was a monthly agreement? If you have nothing in writing, I wouldn't even bother.
              [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

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              • #8
                I have email correspondence from the tenant stating the agreed monthly rent and that it is paid by standing order, is this any good?

                Comment


                • #9
                  Originally posted by mamasita View Post
                  I have email correspondence from the tenant stating the agreed monthly rent and that it is paid by standing order, is this any good?
                  Hi - given that I have the above, can anyone advise if I have enough information to persue via the smalls claim court?

                  Many thanks.

                  Comment


                  • #10
                    IMHO you would have to sue the lodger for breaching the agreement. What agreement would you present in court? The fact that rent was due monthly is irrelevant to a notice period.
                    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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                    • #11
                      Is the email with all details not submissable then to the court?

                      Comment


                      • #12
                        It says rent is paid monthly... it doesn't say you have to give a months notice? Unless you made an error and you meant to say it says "rent is paid monthly and one months notice is required to terminate the agreement".
                        [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                        Comment


                        • #13
                          OK. We had agreed the month notice verbally. It didn't occur to me that I would be let down like this and therefore be out of pocket, so hence nothing in writing regarding a months notice.

                          It seems that I am a victim of my own good nature (otherwise known as a sucker) but have learnt a lot and will not make this mistake again.

                          Thanks for your help.

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