Legal Advise - Tenants deposit
Discussion
After a bit of legal advise regarding a deposit my old tenant had on a flat I rented them.
I got an e-mail saying that they wanted to move out and end the contract early as they were moving to Australia, Not seeing the point in fighting it we agreed a move out date and I calculated the rent unto that date based on a daily rate.
Come rent day and they've not paid and just e-mailed saying take it out of the deposit.
The day comes and I get to the flat to check it over to find a hand written note which basically read 'sorry about the hole in the wall, keep the deposit' With this and other the damage to the flat the remaining deposit will probably just about cover the repairs.
The estate agent has applied for the deposit and now the deposit security company need the tenant to confirm that it can be released, trouble is they seam to be delaying doing this. I've emailed them and the estate agent are trying to contact them.
A brief discussion with the estate agent didn't seam to answer the question of what happens if they never fill the forms in? Has anyone ever had a similar issue? and how was it resolved?
Is it a case of ultimately having to threaten to take them to court to recover the deposit?
I've been renting out properties for a number of years now and these are the first people who I've had issues with.
I got an e-mail saying that they wanted to move out and end the contract early as they were moving to Australia, Not seeing the point in fighting it we agreed a move out date and I calculated the rent unto that date based on a daily rate.
Come rent day and they've not paid and just e-mailed saying take it out of the deposit.
The day comes and I get to the flat to check it over to find a hand written note which basically read 'sorry about the hole in the wall, keep the deposit' With this and other the damage to the flat the remaining deposit will probably just about cover the repairs.
The estate agent has applied for the deposit and now the deposit security company need the tenant to confirm that it can be released, trouble is they seam to be delaying doing this. I've emailed them and the estate agent are trying to contact them.
A brief discussion with the estate agent didn't seam to answer the question of what happens if they never fill the forms in? Has anyone ever had a similar issue? and how was it resolved?
Is it a case of ultimately having to threaten to take them to court to recover the deposit?
I've been renting out properties for a number of years now and these are the first people who I've had issues with.
As a previous tenant, apologies for a significant number being utter c##ts...
To answer your question, your deposit protection scheme should have an "Alternative Dispute Resolution" service that allows you to and the tenants to agree to a resolution without court action.
The tenant will need to agree to the use of the scheme or the tenant must not respond to your contact, if they specifically refuse to use the ADR you will have to go to court to get a court order for the deposit being released to you. Chances are the case would go through mediation before being given a hearing anyway.
If you do go to court, you can attempt to reclaim the owed rent as well, although how likely you are to see it if they've buggered off to Oz is doubtful...
To answer your question, your deposit protection scheme should have an "Alternative Dispute Resolution" service that allows you to and the tenants to agree to a resolution without court action.
The tenant will need to agree to the use of the scheme or the tenant must not respond to your contact, if they specifically refuse to use the ADR you will have to go to court to get a court order for the deposit being released to you. Chances are the case would go through mediation before being given a hearing anyway.
If you do go to court, you can attempt to reclaim the owed rent as well, although how likely you are to see it if they've buggered off to Oz is doubtful...
Edited by the_lone_wolf on Monday 25th January 14:36
andye30m3 said:
I've only got the instruction to use the deposit for the rent in an e-mail the instruction to use it for the damage was just a written note.
Will the deposit cover both the rent and the damage?Legally, a tenant cannot simply up and leave without paying their last month's rent and say to keep the deposit, this you could certainly obtain a court order to recover or recover via your deposit protection provider, enforcing a court order may be difficult unless you have a guarantor?
Have you informed the tenant that the property was left damaged? I assume they weren't present at the checkout inspection. I'd inform them immediately that the property was damaged and you will keep the deposit to repair the damage caused
I suspect they've damaged the property, realised thy're going to lose the deposit so have done a runner with the last month's rent knowing that you won't be able to chase them for it abroad
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