T will not pay final rent + wants to stay 2 weeks more!

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  • T will not pay final rent + wants to stay 2 weeks more!

    Please help me I am very new to this. I have two joint tenants. Their AST will expire at the end of this month (Oct). I have served them the S21 notice (3 months ago) and also a standard moving out letter re. payment of final months rent and return of deposit withn 14 days after satisfactory handover (i think it was based ont he Lanlordzone moving out letter template), both of which thy have signed for and I have signed acknowledgement from them.

    The tenants wanted to stay but did not want to pay the requested rent, which was still below the going rent in the area for similar properties. They however refuse to pay the final months rent, saying the deposit (one months rent should cover it). I informed them that the were breaching the tenancy (a legal document) agreement and that rent and deposit were seperate.

    In to the second week of the final month (Oct), they informed me in passing that they will not be moving at the end of the month (Oct) but on the 10th of November, which means I cannot reassign the property to new tenants on the 2nd of November. I have informed them that this is unacceptable as I have tenants waiting. They say their new place will not be available till the 9th and will also not pay the final months rent and have not said anything about paying November's rent. I informed them as their AST will expire end of Oct, if they stay they will be on a "Perodic Tenancy" and they will still have to give a months notice and therefore pay for October and November and as I will lose the prospective tenants they may be liable for other costs. However don't appear to be able to convice them that they cannot simply not pay rent and also stay beyond the AST expiry.

    They say they did this to their prveious landlord, i.e. not paid final months rent.

    Their action means I will loose the prospective tenants and there is no indication whether I will be able to find any new ones any time soon. This will of course mean fianancial loss to myself.


    They have caused some damage to the property too and I suspect this is why they do not want the deposit left behind.


    I would very much appreciate your expert advice as to where I stand legally and what course of action I should take.

    P.S. They will be moving locally so I will still have their address.


    Much appreciated.

    Dean

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