Coldand Posted May 31, 2014 Report Share Posted May 31, 2014 To cut a long story short . Had tenants give us months notice which would have corresponded with the end of contract . On the final day we got a phone call in evening ( we thought they had left) from the female half of the couple saying her boyfriend hadn't informed her that he had given notice and quite frankly she was going nowhere. Thankfully after a few days she left . Their deposit is held by the agent and registered with my deposits . I wrote to them both ( sent both emails ) saying happy to return deposit less deductions for extra days she stayed there, which I calculated on a day rate. We put if they were in agreement we would contact agent and money would take two to three days to reach their account. We have heard nothing and we have a dilemma . I rang agent they will not return any deposit without agreement from all parties . I rang my deposits and they said that after 10 days we need to return the deposit less the undisputed deductions . The deductions should then be put in a custodial scheme. Mann and countrywide (agent) said they can't do this without all parties agreeing . We aren't interested in keeping their deposit and to be honest want to draw a line under the situation if anyone could advise what the correct procedure we would be very grateful . Also advice to all landlords always make sure that all parties give you written notice .our tenant had signed his email from both of them .This wouldn't be suffice. Link to comment Share on other sites More sharing options...
Richlist Posted May 31, 2014 Report Share Posted May 31, 2014 1. Tenants aren't required to give any notice if they intend to terminate the tenancy at the end of the fixed term of the AST. 2. If the AST is in both names and one terminates/ leaves ....that automatically ends the contract for both tenants. Link to comment Share on other sites More sharing options...
Coldand Posted June 1, 2014 Author Report Share Posted June 1, 2014 As tenants have left property am more concerned as to why they would avoid contact re their deposit .. They were a very odd couple and I just want to make sure I leave nothing to chance. Link to comment Share on other sites More sharing options...
Richlist Posted June 1, 2014 Report Share Posted June 1, 2014 I am aware of your concerns, I'm just pointing out some issues with the story so far......its always good to know how things work for the future. Link to comment Share on other sites More sharing options...
Coldand Posted June 1, 2014 Author Report Share Posted June 1, 2014 Thank you very much . Trouble is the way the law is doesnt matter if both gave their notice if they decide not to go your stuffed. You have to wait and serve a section 21 .It seems a contract isn't worth anything.. The law seems so weighted in their favour. I still haven't heard from them and I suspect they are just going to formally demand their deposit back at the end of the ten days and it seems none of the relevant bodies can agree on what the procedure should be. Link to comment Share on other sites More sharing options...
Chestnut Posted June 1, 2014 Report Share Posted June 1, 2014 I would offer their deposit returned in full. Not worth quibbling over a few days extra rent due, if that is the only issue, and you have your property back. Link to comment Share on other sites More sharing options...
Richlist Posted June 1, 2014 Report Share Posted June 1, 2014 No, I disagree. You should hold out for the rent that's due, even if its only a few days and only amounts to around £100. After all, the money is held in the deposit fund so its not as though you have to get it from someone who might not have it. I'm not familiar with the T & C's for My Deposits a I use TDS. But, you should be able to easily get a copy, probably online, which will show exactly how things should be handled when there is a dispute over deposit deductions......that's something which happens often and the powers to be should be well experienced in dealing with it. Don't rely on a single phone call/ text as individuals in all organisations can give the wrong info. If the tenancy is over then move on, sort out the property and re-let it. You are only owed a £100 or so..... you don't need to loose any sleep over it, just find out the process and follow it. There is another aspect to this issue that you may not, as yet, have considered. As the tenancy continued you want to ensure that you do not become liable for.....council tax, electric, gas, water & sewerage charges, if any, that are due for the extra days. Hopefully you have taken meter readings and been in touch with all of the utilities etc ? Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.