Renat arrears and deposit

[crossroadblues]

Hi folks, new to the forum.

Having a bit of a nightmare with a tenent and need some advice.

Long story short, they had a twelve month lease agreement with me which was scheduled to end at the start of October this year. They told me over the phone that they were moving out in 2 weeks and left my property on the 21st last month. The contract states they have to give 4 weeks written notice if they wish to move out.

They still owe me rent arrears of about £250, but they are saying that I should deduct this amount from their deposit and give them back the remainder. It was my understanding that as they breached the contract by leaving early they lose the deposit and so can't offset their arrears from it, but a solicitor I saw today doesn't seem to think so as the contract (which was drawn up by an estate agent) doesn't seem to specify exactly what happens to the deposit in the event the contract is breached. I also received a letter from the tenents solicitor claiming that I should pay them back their deposit minus the rent arrears.

I live in Scotland by the way and so have no worries regarding any deposit protection scheme as it's not in force here yet.

Is there some sort of standard rule or law that doesn't necessarily need to be detailed in the lease agreement, that proves they are not due their deposit back and still owe me the rent arrears? A few people have even told me I can lawfully claim the full amount due for the whole of the contract which would be three months rent, but again the solicitor I saw today doesn't think so.

Any help would be much appreciated!

[Carryon Regardless]

Tricky to answer as I, and most her, aren't familiar with Scottish law.

The 4 weeks notice, is this detailed as applicable at the end of the fixed term or any time during the tenancy ?

In English law we are not permitted to take rents twice for a period, and should apply reasonable effort to find the next tenant. Waiting till October wouldn't be seen as reasonable.

As you hold the deposit there may be mileage in attempting to reach a settlement, but I wouldn't pay a solicitor to negotiate.

[crossroadblues]

Tricky to answer as I, and most her, aren't familiar with Scottish law.

The 4 weeks notice, is this detailed as applicable at the end of the fixed term or any time during the tenancy ?

In English law we are not permitted to take rents twice for a period, and should apply reasonable effort to find the next tenant. Waiting till October wouldn't be seen as reasonable.

As you hold the deposit there may be mileage in attempting to reach a settlement, but I wouldn't pay a solicitor to negotiate.

Thanks for replying Cor.

The contract states the tenent can only terminate the tenency at the end date of the agreement and has to give 4 weeks written notice, and in the event that they fail to do this, the tenency will continue for a further period equal in length to the original period.

[crossroadblues]

Another point here is that I'm pretty sure I'm entitled to keep their deposit to cover the gap between the old tenents moving out and the new ones moving in, regardless of whether this is specified in the contract. Isn't that the case? In my case, it's a gap of 23 days, which comes to about £340. Fact is, this expense is a direct result of them failing to give the proper notice as specified in the contract.

If I add to that the cleaning bill, as they didn't clean the place after they left, which will more than likely be over £100, then their deposit is used up to cover these costs and I'm still owed the 17 days rent they haven't paid yet.

Surely any judge in a court would take my side in this case?