Tenant Lost Job!

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    Tenant Lost Job!

    Hi, my name is Kristian. I'm a new landlord and have lots of questions so you'll probably be seeing a lot of me around here!

    I have a tenant that is signed up on a 6 month Shorthold Tenancy Agreement. He has only been in the property for 3 weeks and has lost his job, poor fella! He pays me weekly and was unable to pay this week, he is hoping to have another job by Monday but it's still not certain.

    I have a deposit from him of £675. If he does not get a new job by next week he will owe me for 2 weeks rent, am I entitled to deduct that from the deposit?

    Thanks in advance!
    Kristian

    #2
    You need to have protected the deposit (in an approved scheme), and send the tenant the Prescribed Information, by 30 days after you received it.

    Is the rent due weekly, or is that just how the tenant pays it? If the former, does the tenant have a rent book?

    Have a look at this thread - have you complied with everything you should? http://forums.moneysavingexpert.com/...2&postcount=12

    Comment


      #3
      You are either with his agreement, or as a deduction at the end of the tenancy if an amount remains owing.

      Probably better to do the latter, if you do it now you'll have to change the deposit amount with the protection scheme and mess around giving him the new certificates etc.
      I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

      Comment


        #4
        Thanks for the reply. Yes the deposit is in an approved deposit scheme. My feeling is that he will leave if he does not get his new job on Monday and Ill be left without two weeks rent (yes he pays weekly). It also states on the sta that I require 1 months notice before leaving so can I deduct 1 months rent from the deposit as well?
        Thank you

        Comment


          #5
          Your tenant actually owes you for 6 months rent, and even if he gives Notice that doesn't alter the fact. The tenancy will not end until you accept the keys (implied surrender) or you obtain another tenant, but you cannot hold your tenant liable for any rent after either of the two aforementioned circumstances if you wish to accept one of them. It's entirely up to you if you want to let your tenant go.

          Just as an aside you cannot hold any tenant into giving 1 months notice to end any fixed term, it only applies to periodic tenancies.
          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


            #6
            Originally posted by kj2 View Post
            It also states on the sta
            Is this tenancy in England and Wales or Scotland?

            Comment


              #7
              The tenancy is in England.
              Is a periodic tenancy a monthly rolling tenancy? So lets say my tenant moves out on Monday, just to clear things up, I will be ok to deduct the rent that he currently owes me from the deposit? What about fee's as the agency will charge me to find a new tenant?

              Thanks in advance!

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