Tenant broke lease

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  • cupcakeli2717
    replied
    Thanks to everyone who replied to the thread. I just wanted to let everyone who chipped in their input ; I went down the ADR route and was awarded by the adjudicator a full month of rent plus a month of council tax when the flat sat empty. The tenant vacated the flat in a hurry and was decided by the adjudication the she breached the contract as per the AST.

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  • mariner
    replied
    Those aspects do not have to be included in AST but should be the basis for your acceptance of T early surrender.
    Fair Judgement - well done.

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  • Wright76
    replied
    I guess she didn't seek help from housing benefit then which was her own fault.

    I'm pleased you won and deservedly so, well done.

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  • cupcakeli2717
    replied
    Thank you everyone who replied to this thread. I wanted to update everyone who helped in one way or another.
    Adjudication went on for my case and the decision is made today in my favour.
    I got my claim back from the deposit - my 1 month rent plus council tax as it is clearly stated in the AST that she has to give 2 months notice.
    She didn't give much notice as she was moving into a women's shelter and the adjudicator awarded me the 1 month rent plus council tax for the loss
    in revenue due to tenant's breaking clause.
    I lodged advertising costs which was not awarded to me as it was not stated in the contract which is totally fair and I am happy with the decision of
    the adjudication. Phew !

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  • cupcakeli2717
    replied
    Just to follow up on the thread.
    The current situation is that both parties has submitted evidence to the ADR. She is quoting from the Depository's website saying that the only way the landlord can take off money from the deposit is when there are damages to the properties, cleaning of carpets. etc.. She has conveniently forgotten our agreement that money will be taken off from the deposit to find replacement tenant due to her breaking the lease.

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  • cupcakeli2717
    replied
    Thank you for your reply and you have certainly helped me to see some insight to the refuge way of securing accommodation.
    She isn't keeping in touch with me anymore as she has lodged a claim to get back her deposit via the depository. There is no way I can communicate with her regarding trying to get her deposit back through other means like what you suggested.
    What I have done is to put my evidences down in paper to the Adjudicator via the depository and see the outcome.
    What a mess for something I did out of kindness ?

    QUOTE=Wright76;620652]A refuge wouldn't require a landlord reference but she may have secured accommodation quickly.

    Quite often women use refuges way out of the area and the refuge can help them find accommodation quickly.

    I don't think you are being unfair however. You allowed her to surrender the tenancy in the first instance.

    There are circumstances where a tenant can claim housing benefit on two properties and I'm certain if she is claiming benefit then they would allow her to claim for both her notice on your property as well as any new property she has secured.

    She should enquire about this as she may still be able to have her deposit returned in full while housing benefit cover some or most of the shortfall.[/QUOTE]

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  • Wright76
    replied
    A refuge wouldn't require a landlord reference but she may have secured accommodation quickly.

    Quite often women use refuges way out of the area and the refuge can help them find accommodation quickly.

    I don't think you are being unfair however. You allowed her to surrender the tenancy in the first instance.

    There are circumstances where a tenant can claim housing benefit on two properties and I'm certain if she is claiming benefit then they would allow her to claim for both her notice on your property as well as any new property she has secured.

    She should enquire about this as she may still be able to have her deposit returned in full while housing benefit cover some or most of the shortfall.

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  • cupcakeli2717
    replied
    Hi Wright76,
    I am not using a solicitor for this case, I considered the costs. I had doubts about her going to a women's shelter as subsequently she asked me for a landlord's reference which I find it strange as women's shelter wouldn't need any reference from landlord?

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  • Wright76
    replied
    I would firstly double check with a solicitor regarding her notice period as I'm sure there are special rules for victims of domestic abuse.
    Last edited by Wright76; 27-12-2016, 00:34 AM. Reason: Spelling

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  • cupcakeli2717
    replied
    buzzard1994,

    The AST is for 1 year and she broke lease on the 7th month.

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  • buzzard1994
    replied
    just skimming but I dont see anything about the length of the AST. If it was 6 months then she may be entitled to the deposit back. If it was longe than 6 months then just use the ADR, offering a fair amount.

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  • Notyetagain
    replied
    I don't thinkyou're at the ADR stage yet. You need to go through the DPS process and log in the amount you are prepared to return. The ball will be in her court to agree or not. If she disagree then the ADR starts ( although DPS might suggest to try to negotiate a second time as clearly they rather avoid the ADR process).

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  • jpkeates
    replied
    Use the ADR, that's exactly what its for.

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  • cupcakeli2717
    replied
    jpkeates,

    I was thinking of going down the ADR route as well and see what the adjudicator says.
    She left no forwarding address so I think small claim courts will be hard to track her down.

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  • cupcakeli2717
    replied
    Notyetagain,

    Thank you for your reply.
    The tenancy doesn't mention anything about breaking lease and we only agreed on it after she said that she needed to move to a woman's shelter urgently.
    I have tried to email and text her after I got an email from DPS saying that my tenant has lodged a claim on the deposit. My email to her states clearly that I want to return her the remains of her deposit and there is no response from her. Either she is embarrassed to have done what she has done or she thinks that she deserve more than what we agreed ?
    Ideally I do not want to go through the ADR route and to solve it between ourselves but no response from her ?

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