Tenant leaving

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    #31
    If the deposit is in a custodial scheme you only need to issue the prescribed information within 30 days of the lease going periodic.
    If the deposit is insured you probably need to do something to maintain the protection.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #32
      So realistically she has me over a barrel, she got the paperwork for a new 6 month AST, never signed it but paid for it, I wait and wait eventually then eventually get my money back for not getting any AST paperwork and then get notice about 3 weeks later, would it be likely she could wind up taking me to court ?

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        #33
        If she was sent an agreement and didn't sign it, there isn't really a definitive answer about whether the agreement exists or not.
        A court would have to decide - anything else is merely an opinion.

        If the tenant has done something that would indicate that the contract was in place, and you accepted it,
        such as paid rent at the rate quoted in the new agreement, that would support the case that a contract exists.

        If you didn't carry out the required process for deposit protection and PI issue in time, yes you could be taken to court.
        In this case it might depend on exactly when the new agreement came into being, as it's at that point you "received" the deposit again.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #34
          So realistically it is best to let her go ASAP without rocking the boat ?

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            #35
            Yes,
            it usually is.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #36
              Originally posted by theartfullodger View Post
              Yes, if fixed term is al least 6 months
              I was replying to property mongrel's post immediately preceeding my own.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

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                #37
                QA1 – Is the rented property in England / Wales / Scotland / N Ireland? England
                QA2 – Is the AST for single tenancy ‘room only’ with shared facilities’ or for whole property with other tenants ‘joint & severally liable’? No
                QA3 – What date did current Tenancy Agreement start dd/mmm/year? 31/01/2014
                QA4 – How long was initial fixed term 6/12/18/24 month? 6 Months
                QA5 – Does AST state rent is due weekly/4-weekly/per calendar month (what same date each month)? 31st of the month
                QA6 – Did AST require a tenant damage deposit to be paid? If Y, please provide dd/mmm/year paid. Y 31/01/2014

                My tenant has told me she wants to leave, I went to see her yesterday, she has moved out today and wants to give me the keys back during the week. I have not had a written notice from her and she said she would give me it when I went to inspect the property but then said she had left it at her mothers. I said she can give me it when I collect the keys. (she has not got my address and I don't really want her and the neck tattooed boyfriend that has appeared on the scene to have it.) She seems to think she only has to pay until the day of next month been the 10th when she first let me know of her intention to leave and says she has seen citizens advice and they told her that, though I know she needs to pay until the end of the month as her rent is paid monthly on the 31st. I intend to do a bond dispute to get the rest and not mention it to her again.

                I do not wish to accept the keys back as a tenancy surrender as I would rather have the money running into next month, as I understand a surrender if accepted allows them to skip away there and then.

                It would be useful to have them back to tidy the place up and redo the bathroom that she has not bothered to open the window on and caused to go mouldy, remove all the nails she has kindly knocked into the nice new plaster and get rid of the cigarette smell etc. She was a none smoker employed 30 hours a week before she moved in but strangely enough became an unemployed smoker between the reference checks and moving in. She has a guarantor who's witness signature happened to be a director of the business she was supposed to work at. It was also clear that her boyfriend lived with her, I asked the guy who I had become friendly with whilst renovating the property across the road who said he had moved in within 2 days of her getting the place so she was also a benefit cheat.

                She clearly wants rid of the keys ASAP which will be beneficial to me but I want the last bit of cash out of her more.

                Is there any way I can document or get her to sign something saying I accept the keys for safe keeping but expect the rent to be paid until the end of the correct notice period ?

                Comment


                  #38
                  Originally posted by buttons View Post
                  ...
                  QA2 – Is the AST for single tenancy ‘room only’ with shared facilities’ or for whole property with other tenants ‘joint & severally liable’? No
                  Please answer question - which ....
                  ..
                  QA5 – Does AST state rent is due weekly/4-weekly/per calendar month (what same date each month)? 31st of the month
                  So no rent due in Feb, April, June, Sept, Nov?? Or does it say "last day of month" rather than 31st??
                  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


                    #39
                    QA2 The AST was for the whole of the 2 bedroom terraced house property for 1 single mother and child.


                    QA5 The contract says 31st of month as she moved in on the 31st of month, I queried this with the large estate agent chain that wrote the agreement and found the tenant and they said this normally means it is paid on the 1st of every month. Further up the details it states per calender month.

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                      #40
                      If you wanted something to mean it was paid on 1st of the month, then surely one would write it as being due on "1st of the month".

                      As it stands, legally, is rent *due* on months that don't have 31sts?

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                        #41
                        I didn't write it, it was paid to be written for me by one of the UKs largest chain of estate agents, so I would expect it to be right.

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                          #42
                          Does it really matter now, her last month has a 31st in it so its due. Rather than pick holes can you answer my question please ?

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                            #43
                            Those 'holes' that you refer to are the kind of detail that can cause you problems in court, so unless you have a good understanding of the issues I suggest you let people discuss the details around your question, and not just the question itself.
                            I also post as Mars_Mug when not moderating

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                              #44
                              Originally posted by buttons View Post
                              I didn't write it, it was paid to be written for me by one of the UKs largest chain of estate agents, so I would expect it to be right.
                              Oops! On such details are battles, court or otherwise, won or lost.

                              pm
                              Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

                              Comment


                                #45
                                Can someone please please answer my question,
                                All I want to know is can I write some sort of letter that would state that she is still liable for the property until the end of the notice period and I will take the keys but not accept surrender which I am not prepared to do or is it take the keys back and bye bye. If this is possible how do I word it, she will be handing back tomorrow so time is not really on my side to mess around.

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