Tenants want deposit asap to move out

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    Tenants want deposit asap to move out

    Hello, grateful for any thoughts on this issue: I've had tenants who I've wanted out of my flat for a while - usual stuff. The lease is going to end soon, and I've told the managing agents that I'd prefer to evict the tenants than renew it. The tenants have found a new property, but according to the managing agents want the deposit asap so they can put it on the new place. I don't know if there's been any damage to the property (I live abroad, just to make things more complicated) but have asked the agents to inspect.

    The tenants have me to ransom, correct? What's my best course of action here?

    Thanks!

    #2
    Don't agree to any early return of the deposit. Don't renew the contract, let it roll into SPT. Tenants will hopefully leave since they want a different place anyway.

    If they don't leave, serve s21 as soon as SPT starts. They are obliged to carry on paying rent if it rolls into SPT and they probably want to avoid that themselves. Let them sort their own problems out.

    Comment


      #3
      It depends on how much you want them out, I guess.
      If the agency say the condition is OK, it's probably worth it.

      You may find that the agency protecting the deposit won't allow its return unless the tenancy is over.

      If you return the deposit, and there is anything you want to claim for, you would have to ask, then (probably) sue the tenant for what you wanted them to pay for.
      If you are not UK based, that would be difficult, because I can't see how you could claim using the small claims process without attending any court session.
      You could pay a solicitor to represent you, but that wouldn't use the small claims route and could be expensive if costs aren't awarded against the tenants.
      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


        #4
        Have the tenants found their new place through this agent? If so then the agent will have a conflict of interest when inspecting your property for damage as he will want to give them the deposit back so he can earn his next fee. Do you have a relative or friend here who could inspect with the agent to give you a second opinion?

        Comment


          #5
          There is a procedure involved in return of the deposit, The deposit protection needs to be informed that the tenancy is coming to an end. Under no circumstances should this procedure be initiated whilst the tenants are still in possession of your property. Tell them forget it.
          Any advice I give is my opinion and experience, I am as you also learning.

          Comment


            #6
            Under no circumstances return it before tenancy has ended. It is not worth it.

            Comment

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