Tenant vacates before end of tenancy

[llprobs]

In May I served a Section 21 notice to expire in Sept(at the end of the tenancy). Tenant has vacated property before the end of the six month tenancy, after having given 3 days written notice. Is tenant liable to pay rent up until the end of the tenancy agreement?

Also tenant has caused some damage to the property but denies it. How would I go about proving that the damage was caused by tenant so that I can claim the costs from the deposit held by the DPS?

Many thanks for any advice given

[Chestnut]

1) Yes, tenant is liable for rent up to end of tenancy but check and consider carefully how much is actually owed. You don't say, but from topic date I assume one month. Also check against any rent paid in advance at commencement (I got this wrong once!)

If tenant owes only a month or less and more importantly has vacated, you may just be relieved that you have possession and the small amount due is not worth claiming. Or you could possibly negotiate a deduction from deposit.

2) Proof of damage would most probably require photographic evidence, or original receipt for a new item, from commencement of tenancy. Are you hoping to negotiate with ex-tenant, or at court? And for how much?

I would value your repossession from this tenant before spending effort and cost on claims, ....and move on.

Harder nosed LLs may give different advice!

[llprobs]

Thanks for taking time to answer my questions. I really do value the repossession as this tenant has caused me a lot of hassle along with some unnecessary expense.

The tenancy is up in another 5 weeks. As the tenant also built up rent arrears I'd like to try and get some money back cos on top of all the aggro I feel like he's lived in my place for free too. However saying that I really don't think I want the hassle of going to court. As the deposit is held by the DPS do you think its worth trying to claim some of the money back from the deposit? Or should I just cut my losses?

[Chestnut]

If arrears are over two months you might get a court judgement order (CCJ) for a money claim against tenant - but even if successful you may still have to arrange a method of enforcement to recover it.

Don't give up too easily! Negotiate in writing direct with tenant if you can, mentioning your court option, to agree an acceptable deduction from deposit on recovery from DPS.

[sunshinett55]

Hello I have just viewed your enquiry after putting a enquiry msyelf.

As yet I dont have damage to my property but if you read my post my tenants are leaving on 31st Aug, after sending me an email on the 10th Aug, knowing that I was on holiday and did not have email acess and would be away. i returned on 15th Aug to find their email.

I have had several viewing but not secured a new tenant yet so it looks like I will be out of pocket rent wise.

They pay the rent monthly by BACS into my bank account and it shows as their name..... and RENT, so its easy to see and prove how much they have paid and when. But they have paid no deposit as they intially said they could but then last min before move in said they could not so I did a special letter which they signed to agree to pay installments to me re the deposit, but they never have despite emails.

So I have no deposit I can use to put towards any lost rent or other things that they might do when they move out.

I do have a tenancy agreemnt, but its just one I downloaded so dont how this would stand up to court, and really dont want to have to go to court as I am sure they would fight me.

But surely if you have been paid monthly by BACS then a landlord should get at least one months notice?

What do you think?

How is it going with your last tentants I hope that things are better for you?

Its good this site, I shall have to look at it more and its nice for landlords to help and chat in this way.

Sunshinett