PhilF Posted May 4, 2018 Report Share Posted May 4, 2018 Due to other commitments I hadn’t been checking my bank statements and last week (end of April) I noticed a tenant was behind in rent. When Incontacted him he said he’d moved out! The original contract was a 6 month standard AST which had rolled over. As with my other tenancies I’m quite relaxed when ASTs finish and allow roll over until I get round to issuing a new one. When I first contacted him, the tenant claimed he moved out at the end of January. His excuse being that we hadn’t contacted him about renewing - he also claimed he tried to contact me (obviously a lie). Having now visited the property there is a pile of post, much of which seems to be outstanding bills and people chasing my tenant for money. Speaking to the neighbour she seems to think he moved out about a month ago (so end of March or so) and that they left in a hurry (“throwing things in the van late on evening”). Fortunately there is no damage in the property although it’s a mess with stuff strewn all over the place looking l8ke they left in a hurry. By email the tenant says he’s moved to New Zealand ! And now says that as the original AST ended in Sept last year he wants his bond back!! In my mind I think he left end of March and not having paid anything since December he owes me 3 months rent. As I don’t have a fixed moving out date where does this leave me? Can I chase him for missing rent? What effect does the fact that the AST had finished have on this? (it states ‘ ending 3 Sept and any period of holding over or extension or continuance by statute or common law’) Can I keep the bond? What rights does the tenant have? Thanks in advance for any help. Link to comment Share on other sites More sharing options...
Richlist Posted May 4, 2018 Report Share Posted May 4, 2018 When Did the tenancy start ? Did you put the deposit in one of the deposit protection schemes and issue your tenant with the prescribed information ? Is there a lettings agents involved ? Is the tenancy an Assured Shorthold Tenancy (AST) ? Link to comment Share on other sites More sharing options...
Grampa Posted May 4, 2018 Report Share Posted May 4, 2018 A tenant can technically move out on the last day of the fixed term of a contract without giving notice. If the tenant stays beyond that date and the tenancy becomes periodic they normally would have to give one months notice in line with the rent due date. So if your tenant was periodic and never gave notice he is liable for the rent until the tenancy is ended (refer him to his tenancy agreement). You could say you are accepting notice of the tenancy ending from the date of his correspondence and therefore £xxx rent is owing. So therefore it should be a straightforward claim against the deposit to go towards the rent arrears. I wouldnt hold your breath about getting any balance though. Link to comment Share on other sites More sharing options...
PhilF Posted May 7, 2018 Author Report Share Posted May 7, 2018 On 04/05/2018 at 9:58 AM, Richlist said: When Did the tenancy start ? Did you put the deposit in one of the deposit protection schemes and issue your tenant with the prescribed information ? Is there a lettings agents involved ? Is the tenancy an Assured Shorthold Tenancy (AST) ? Tenancy started March 2017 Yes No Yes Link to comment Share on other sites More sharing options...
Richlist Posted May 8, 2018 Report Share Posted May 8, 2018 If I were in your shoes i'd probably just accept the tenants word that he's moved on in January. I'd make it a lesson learned that it's the landlord job to check bank statements regularly and check with the tenant if they want to remain after the end of the fixed term. As far as return of deposit is concerned......only you know if there is damage, missing, broken or dirty items that need attention. Link to comment Share on other sites More sharing options...
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