Ending tenancy early and deposit

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    Ending tenancy early and deposit

    We have had months of dispute with our tenant over water damage to the property. Repairs will soon be carried out under insurance.
    Due to the tenant causing damage and not looking after the place as well as the difficulty carrying out the work with them still living there, I would prefer to end the tenancy early.
    If they agree to leave would this make any difference to the return or otherwise of their deposit?

    #2
    The deposit is the tenant's money, so they'd probably expect it back.
    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


      #3
      If you mutually agree to end pre-fixed term, whether you make deductions from the deposit is the same as had you carried on till the end. I.e. if there are legitimate deductions due to the tenant breaching any obligations as per the contract, and the contract permits you to use the deposit to cover the resulting costs to you, then deduct away.

      I am assuming you have a written contract here with a start and end date for the let!

      Comment


        #4
        Thank you. Yes it is an assured shorthold tenancy agreement set up through a letting agent, eighteen months with eight months remaining.

        Originally posted by jpkeates View Post
        The deposit is the tenant's money, so they'd probably expect it back.
        I'm sure they will but It may not even cover the necessary repairs and cleaning.

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          #5
          Not only will they expect the deposit back but also an additional sum to agree surrender! Count yourself lucky if they don't.
          Any advice I give is my opinion and experience, I am as you also learning.

          Comment


            #6
            Originally posted by sunnyp View Post
            Not only will they expect the deposit back but also an additional sum to agree surrender! Count yourself lucky if they don't.
            Why would they expect their deposit to be returned if damage has to be repaired?
            Are you saying it's a requirement to compensate for mutual early end to the tenancy.
            Tenant may not want the inconvenience of the refurbishment.

            Comment


              #7
              If you accept early surrender during fixed term the T ends when DoS is signed. LL is entitled to rent for remainder of fixed term and mutually agreed T damage, to date of Surrender.
              If you want vacant possession to undertake repairs, LL should offer equiv temp accom. or incentivise T to vacate perm with ££x.
              All payments to be made imm before DoS is signed.
              If temp accom is provided, orig AST continues and T is liable for orig AST rent & T&Cs.

              Comment


                #8
                jicms,

                Does your tenancy agreement say anything about what would happen if refurbishment is required?

                The tenant is generally required to pay rent for the term of a tenancy agreement, the landlord is generally required to offer the property to live in in exchange.
                If work makes the property uninhabitable, the tenant is entitled to be compensated for their losses - they'd be smart to remain in situ and allow you to sort out alternative accommodation.
                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

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