DPS arbitration, will I win?

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    DPS arbitration, will I win?

    Tenant was caught sub letting on AirBnB
    Promised not to do it again
    But he just advertised on another site and was caught red handed moving in a Vietnamese family!
    Obvs this breaks terms of contract
    He left 5 mths into 3 yr lease and new tenants paying £500 less amonth
    Will I win arbitration?
    I worried they will say you got ur property back what's the problem!
    Agent charged almost full value of deposit to relet it to!

    #2
    How was the tenancy ended?

    Comment


      #3
      Originally posted by Mrs Mug View Post
      How was the tenancy ended?
      And what are you claiming for?
      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
        He couldn't continue to rent without subletting as sums didn't add up,he agreed to leave when I found anew tenant ,when I found the Vietnamese family moving in against his promises I asked him to leave asap and he did
        I'm claiming the whole deposit to cover cost of reletting fee and wondered also weither I'm entitled to remainder as he broke agreement and I'm out of pocket on reduced rent

        Comment


          #5
          Did the tenant sign a "Deed of Surrender"?

          Comment


            #6
            Mate says u can only claim for arrears or damages so maybe I'm fooked

            Comment


              #7
              What's a deed of surrender? Sorry
              I used standard openrent contract

              Comment


                #8
                Suggest you grass this little sh*t up to HMRC & benefits agencies for the rental income he was getting. Simple google search will find how..

                Without a signed (by him) deed of surrender or other good evidence tenancy has ended (eg exchange of letters/email) then the tenancy continues and he can sue you for harassment & unlawful eviction (fines and criminal offence). Him breaking contract does not end tenancy. Unlikely this cheating crook will do so but, beware!

                Next time...
                a) 6 months max tenancy (let me guess, agent charged fees for all 3 years & keen on long let??)
                b) Get trained up in being a landlord - RLA or NLA do course that will save you in time & £ more than they cost to do.
                c) Only end tenancies the correct way...
                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


                  #9
                  Thnx yes we have new tenant,I could supply new contract as proof

                  He's German,living in Germany so hmrc probably can't touch the little ****

                  The heavy use has damaged the wood parquet floor,maybe this is only way I can get him...

                  Comment


                    #10
                    Originally posted by theartfullodger View Post
                    Suggest you grass this little sh*t up to HMRC & benefits agencies for the rental income he was getting. Simple google search will find how..
                    ...Him breaking contract does not end tenancy. Unlikely this cheating crook will do so but, beware!

                    Next time...
                    a) 6 months max tenancy (let me guess, agent charged fees for all 3 years & keen on long let??)
                    b) Get trained up in being a landlord - RLA or NLA do course that will save you in time & £ more than they cost to do.
                    c) Only end tenancies the correct way...
                    Agree with all that. The problem is my crystal ball is telling me that we are going to get forced into 3 or 5 year tenancies (where only the tenant has rights and landlord has none).
                    The question I have been mulling is what premium on rent this would equate to - an enforced 5 year tenancy vs a 6 month trial -- I would have thought an uplift of circa 50% on rent.
                    At least that is what I told Shelter in their request for comment.

                    How much extra would you charge artful? And which tenants would you reject for a 5 year term (versus a 6 month one)?

                    Comment


                      #11
                      Originally posted by AndrewDod View Post
                      Agree with all that. The problem is my crystal ball is telling me that we are going to get forced into 3 or 5 year tenancies (where only the tenant has rights and landlord has none). ...
                      Who do you think is going to "force" you into longer tenancies?

                      What sort of tenancy did you think that would be "where only the tenant has rights"?? Never heard of such a tenancy in over 40 years (on & off) of being a landlord..,,..
                      ....The question I have been mulling is what premium on rent this would equate to - an enforced 5 year tenancy vs a 6 month trial -- I would have thought an uplift of circa 50% on rent...?
                      Would the tenant not expect a discount for quantity?
                      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


                        #12
                        I reckon that greater security of tenure should be reflected in a higher rent: how much higher is always going to be a matter of local supply and demand, but everything has a value.

                        Comment


                          #13
                          Originally posted by theartfullodger View Post
                          Who do you think is going to "force" you into longer tenancies?
                          The government. We can check back here in few years if you doubt it.

                          Originally posted by theartfullodger View Post
                          What sort of tenancy did you think that would be "where only the tenant has rights"??
                          Every tenancy.

                          By way of example no matter what the contract says, the tenant may leave when the contract says the tenant may leave.
                          The tenant does not have to leave when the contract says the tenant must leave.

                          If the tenant does not fulfil their contract in the most fundamental way (paying rent) the other party is unable to end the contract (well yes they can, but after 6 months, a cost of 5 to 10 k and much effort)

                          But hey, artful, you know these things already...

                          Originally posted by theartfullodger View Post
                          Would the tenant not expect a discount for quantity?
                          This is NOT a contract for quantity (obviously) -- it is a (unilateral) OPTION to purchase quantity. Options carry a (large) premium not a discount!

                          https://en.wikipedia.org/wiki/Option_(finance)

                          Comment


                            #14
                            Originally posted by dmk1198 View Post
                            He couldn't continue to rent without subletting as sums didn't add up,he agreed to leave when I found anew tenant ,when I found the Vietnamese family moving in against his promises I asked him to leave asap and he did
                            I'm claiming the whole deposit to cover cost of reletting fee and wondered also weither I'm entitled to remainder as he broke agreement and I'm out of pocket on reduced rent
                            If either your tenancy agreement or your agreement for him to leave includes an agreement to deduct sums from the deposit for these things, you can claim.
                            Otherwise you will find ADR sympathetic to claims for anything in the terms of the tenancy agreement referenced in the prescribed information (which lists the agreement terms covered by the deposit) or anything for which you are generally entitled to compensation for a loss, which doesn't include either of those two things.
                            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


                              #15
                              The heavy use has damaged the wood parquet floor,maybe this is only way I can get him...

                              Comment

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