jadeysxylady Posted June 8, 2012 Report Share Posted June 8, 2012 Now i am in this situation due to my own stupidity .. i already know this BUT... I rented my house out on the 17th of May ( and yes already there is a problem lol ) my tenant advised me the day before that he didnt have enough money to pay the months rent and deposit which should of been £450 + £450. Yes alarm bells started ringing but as we had removal van and everything in the new house we felt we could trust them to pay it on the 31st as he advised he would. so he paid £450 on the 17th and moved in. the 31st arrived and lone behold no money was put into our account. he didnt get intouch at all. but the day after he put £300 in our account. great but it was £450 he was ment to give us. he then advises us he has lost his phone there for we have no contact with him and keep having to go to the property. he said he would have the rest of the money by today (8th June). we went to the house and ..... he has moved out with no notice. and now wants his deposit back. I am just looking for advice or any info anyone has as i have never rented a property out before and i am not sure what i need to do. If i owe it him i will surly give it him back but i just feel like i shouldnt have to as he has moved out because he cant afford it. should he not of realised this before moveing in? so he had given £450 rent on the 17th and £450 was meant to be due on the 31st but he has actually only paid £300. so there is still £150 deposit that he didnt pay. it was not in the DPS as its only been 2 weeks and i was going to put it in on the 31st but as above he hasnt given me the full deposit anyway. Thanks for any advice in advance. i know i was stupid to be so trusting andits my own fault really but just need to know whether i should seek legal advice or whether i should just give it him and have done with it.xxxxx Link to comment Share on other sites More sharing options...
Melboy Posted June 8, 2012 Report Share Posted June 8, 2012 Please tell me you had a tenancy contract (AST) in place duly signed by you and the tenant? Link to comment Share on other sites More sharing options...
Carryon Regardless Posted June 8, 2012 Report Share Posted June 8, 2012 Keep the deposit. As a minimum, even without an AST, he would be liable for 2 months rent. He is in his 1st rental period. Notice would be for 1 month ending at the end of a rent period, 16th July. He owes you rent at least till 16th July. I say 'at least' as LL's even without an AST we provide a tenancy for the first 6 months, I don't think a T has the same responsibility ?? Any way you aren't going to see any more money but should keep what you have. As he won't believe you saying this suggest he goes to Shelter or CAB, they can explain it to him. NOW, next time definitely sign them into an AST and take a guarantor. Do you understand the deposit legislation ? You need to. This time as you had 30 days to register the deposit and the tenancy finished before that you got away with it. Just to head off this guy claiming he is still T you could do with some demonstration that he has surrendered the tenancy, otherwise by 16th May he could claim up to 4 times the deposit back from you. Link to comment Share on other sites More sharing options...
Richlist Posted June 8, 2012 Report Share Posted June 8, 2012 Why can't you just claim on your rent guarantee insurance or from your guarantor ? Link to comment Share on other sites More sharing options...
jadeysxylady Posted June 8, 2012 Author Report Share Posted June 8, 2012 Please tell me you had a tenancy contract (AST) in place duly signed by you and the tenant? Yes we had a contract. and it says in the contract that if he doesnt pay the deposit can be kept etc. im just unsure cos he owed 900 all together and has only paid 750. cant believe how stupid i have been. usually im on the ball with stuff like this. i felt abit sorry for him though! lol.xx Link to comment Share on other sites More sharing options...
jadeysxylady Posted June 8, 2012 Author Report Share Posted June 8, 2012 Keep the deposit. As a minimum, even without an AST, he would be liable for 2 months rent. He is in his 1st rental period. Notice would be for 1 month ending at the end of a rent period, 16th July. He owes you rent at least till 16th July. I say 'at least' as LL's even without an AST we provide a tenancy for the first 6 months, I don't think a T has the same responsibility ?? Any way you aren't going to see any more money but should keep what you have. As he won't believe you saying this suggest he goes to Shelter or CAB, they can explain it to him. NOW, next time definitely sign them into an AST and take a guarantor. Do you understand the deposit legislation ? You need to. This time as you had 30 days to register the deposit and the tenancy finished before that you got away with it. Just to head off this guy claiming he is still T you could do with some demonstration that he has surrendered the tenancy, otherwise by 16th May he could claim up to 4 times the deposit back from you. Thank you for the advice. can i ask what you mean by demonstration that he has surrendered the tenancy? Thanks . Jade. x Link to comment Share on other sites More sharing options...
LLAW96 Posted June 9, 2012 Report Share Posted June 9, 2012 sorry to put a spoiler on this, but you have taken a deposit, it needs to be protected. If this is not done then you face a possible penalty of 3 times the deposit. You can argue the rights and wrongs and who owes what to who with the dps. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted June 9, 2012 Report Share Posted June 9, 2012 Law do you say that even though the tenancy is now finished that the deposit should still be protected ? Link to comment Share on other sites More sharing options...
Carryon Regardless Posted June 9, 2012 Report Share Posted June 9, 2012 Thank you for the advice. can i ask what you mean by demonstration that he has surrendered the tenancy? Thanks . Jade. x T's tend to be unreliable and often untrustworthy and if they learn there may be advantage may change their minds. The T is T for 6 months if they choose, unless you can show they surrendered the property back to you. A signed statement would be ideal but very often not realistic to expect such. Some believe that the return of keys is good enough, but the T may have a 2nd set and deny returning any. Not wishing to alarm you but it 'can' be a minefield. At the end of a tenancy I will look for evidence that shows my right to assume possession is mine, just in case. Link to comment Share on other sites More sharing options...
Chestnut Posted June 9, 2012 Report Share Posted June 9, 2012 Assuming this tenant has removed belongings and returned keys (or even if not), you could write to him stating that if he signs an enclosed letter stating that he has surrendered the tenancy, you will repay him a fair amount due. I suggest the £750 he's paid you less the rent for his actual period of tenure (about three weeks?). I would avoid using the 'deposit' word, for the reasons others have already given. The amount I suggest you offer might be more than a legal entitlement but if he takes the bait he gets a good deal and you get peace-of-mind proof of repossession to move on. As soon as you have his signed 'surrender', change the locks! This is not a legally qualified answer, just my suggestion that might quickly close your issue with him. Link to comment Share on other sites More sharing options...
LLAW96 Posted June 10, 2012 Report Share Posted June 10, 2012 My view is a deposit is a deposit, there is no ambiguity here during the short period of the tenancy a deposit was paid. Given how the position has changed due to the localism act you are at risk full stop. Link to comment Share on other sites More sharing options...
Chestnut Posted June 11, 2012 Report Share Posted June 11, 2012 Yes "deposit is a deposit", which is why I suggested paying it all back, but not to draw attention to its legal implications. The only amount for landlord to keep is the rent for tenant's occupancy period taken. That seems fairest solution to me. Link to comment Share on other sites More sharing options...
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