Smokey01 Posted August 2, 2011 Report Share Posted August 2, 2011 Hi everyone, I am a new landlord and have a question. My last tenant stayed in my property after the signed and agreed tenancy agreement end date. She did not provide a notice period and simply left during the month after she was supposed to leave. Contracted trem was a 6 month agreement, with rent to be paid every month, although she paid it all in advance. She has now said she will only pay for the days she stayed on a pro rata basis, but I am not sure this is right as I had know idea how long she would be there and could not rent my house out until she left. How do I stand re invocation of the following which I have be advised is effectively my position, and is this a legal contract she has now entered into i.e. a statutory periodic tenancy...? If the tenant remained at the property following expiry of the fixed term, a statutory periodic tenancy automatically arose. In that case, the tenant has to serve a notice to quit at least 1 month in advance (expiring at the end of a tenancy period). Any help much appreciated. Link to comment Share on other sites More sharing options...
Richlist Posted August 2, 2011 Report Share Posted August 2, 2011 If the tenancy becomes periodic.....as it has in your case....you are entitled to a months notice ending on a rent day. Why can't you claim what is owed to you in lieu of notice from....... 1. The deposit ?....or 2. Your rent guarantee insurance ?.....or 3. Your guarantor. ? Link to comment Share on other sites More sharing options...
Grampa Posted August 3, 2011 Report Share Posted August 3, 2011 It comes under section 5 of the housing act i think. Link to comment Share on other sites More sharing options...
Smokey01 Posted August 3, 2011 Author Report Share Posted August 3, 2011 Richlist - If only it was so simple, the TDS have taken an incredible view that whilst nothing was agreed in writing they feel that they choose to believe the tenant in that she is now lying saying she and I agreed a daily rate which is rubbish and nothing shows anything of the sort. The TDS are beyond a joke and I think I will now have to take them to court to get my money as they have given what was left of the deposit back......!!! How can they be aloud to take such biased views, its disgusting....! Grampa - Thanks I will have a look. Link to comment Share on other sites More sharing options...
Grampa Posted August 3, 2011 Report Share Posted August 3, 2011 There is nothing to stop you returning the deposit then take her court via the MCOL website or chase the guarantor and bypass the deposit schemes. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted August 4, 2011 Report Share Posted August 4, 2011 Deposit protection, who is it actually designed to offer protection for ? If the deposit is returned by the 'service' and there is no documentation to demonstrate this is correct then the 'service' should have a responsibility of refund to the disadvantaged party ?? I wonder what the defence might be "because we wanted to" ? Link to comment Share on other sites More sharing options...
Smokey01 Posted August 4, 2011 Author Report Share Posted August 4, 2011 Grampa - Sadly the TDS have already done i.e. returned the deposit, so I am now left wondering who to take to court, the TDS or the ex tenant....? COR - I agree and above comment really says it all, cos not sure who is responsible now, but I think it should be the TDS as they should never have returned the deposit in the first place, and it is there to protect the landlord really.....or I thought it was....? Never use the TDS, they are so so biased towards tenants it's untrue. Link to comment Share on other sites More sharing options...
Richlist Posted August 4, 2011 Report Share Posted August 4, 2011 Assuming you have no rent guarantee insurance or guarantor to claim from then as the deposit has been returned to the ex tenant your action, if you choose to take it, should be against the ex tenant. Thats who owes you the money and that is who should pay you. I would suggest you write to the tenant advising them that you are giving 7 days to pay the money owing or you will be taking action in the county court for recovery. If you don't get the money then claim thru the small claims court, adding the cost of the action to your claim. Link to comment Share on other sites More sharing options...
Smokey01 Posted August 4, 2011 Author Report Share Posted August 4, 2011 Richlist - Thanks for this, I am just waiting to see if a complaint through to the TDS pointing out this mistake along with many others, will resolve matters, otherwise I will pursue my ex tenant via small claims as you suggest. The TDS have alot to answer for as they simply don't do their job properly, and this is the second time I have had issues with their service. The first instance awarded me further money from the CEO, but considering how much they now owe me, I doubt very much that they will settle, so small claims it appears is the only course of action open to me in the end. Cheers. Link to comment Share on other sites More sharing options...
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