Another Tenant Thread, gets tedious after a while

[mondeoman]

My turn for a bit of direction....

Couple rented a property, standard AST, everything fine until November, when he moved out, she struggled but managed to make payments (spread out, but eventually all up to date) until end of December, when she missed a week, putting them in arrears. A payment was made at beginning of Jan, about 1/4 of monthly amount, then after chasing for payment, I got a text saying that she was moving out, he was moving back in and would be paying the rent....

I agreed a payment schedule to get him (them?) back on track, 1st payment was made, then it all went south - underpayments, missed dates etc.... By mid March arrears were at over £1k, then I got a call from his step-dad (who was apparently being sub-let one of the rooms, which isn't allowed) who promised to pay Aprils rent this weekend, then payments towards the arrears at the end of the month. Seems reasonable, and avoids a void, so I agreed.

Then I got a call this week saying that he (the original tenant) had done a runner, packed his stuff and gone to live with one of his girlfriends and wasn't going to be paying anything towards the rent, future or past.

I went over today, and the step-dad and his Mrs want to rent the house, which I'm Ok with , subject to references. They've signed a new agreement, paid a months rent, house is clean and tidy, all is now well in my renting world.

Except the arrears... my question is, as the deposit is with the DPS, and registered in her name (as lead tenant), can I claim it as part payment towards the arrears, even though she moved out in Jan, and told me she had. AST is Joint and several, so I'm guessing I can, but I think she's likely to put up some resistance, claiming I should have ended the joint tenancy when she moved out and taken a new deposit from him or something along those line.

What say the PH Jury?

[superlightr]

mondeoman said:

My turn for a bit of direction....

Couple rented a property, standard AST, everything fine until November, when he moved out, she struggled but managed to make payments (spread out, but eventually all up to date) until end of December, when she missed a week, putting them in arrears. A payment was made at beginning of Jan, about 1/4 of monthly amount, then after chasing for payment, I got a text saying that she was moving out, he was moving back in and would be paying the rent....

I agreed a payment schedule to get him (them?) back on track, 1st payment was made, then it all went south - underpayments, missed dates etc.... By mid March arrears were at over £1k, then I got a call from his step-dad (who was apparently being sub-let one of the rooms, which isn't allowed) who promised to pay Aprils rent this weekend, then payments towards the arrears at the end of the month. Seems reasonable, and avoids a void, so I agreed.

Then I got a call this week saying that he (the original tenant) had done a runner, packed his stuff and gone to live with one of his girlfriends and wasn't going to be paying anything towards the rent, future or past.

I went over today, and the step-dad and his Mrs want to rent the house, which I'm Ok with , subject to references. They've signed a new agreement, paid a months rent, house is clean and tidy, all is now well in my renting world.

Except the arrears... my question is, as the deposit is with the DPS, and registered in her name (as lead tenant), can I claim it as part payment towards the arrears, even though she moved out in Jan, and told me she had. AST is Joint and several, so I'm guessing I can, but I think she's likely to put up some resistance, claiming I should have ended the joint tenancy when she moved out and taken a new deposit from him or something along those line.

What say the PH Jury?

what did you agree when she moved out|? Did you use an agent? If not why not when you clearly don't know what your doing?

We would not release a tenant unless all tenants moved out. Did you write releasing her and what did you write regarding the deposit?

Just make a claim on the deposit via the DPS She had a TA she was in arrears. that's it.

Edited by superlightr on Saturday 8th April 18:57

Edited by superlightr on Saturday 8th April 19:12

[CAPP0]

superlightr said:

….

People with your attitude & approach will be the end of many others' enjoyment of PH.

The guy asked for assistance. Your sniping and digging added nothing (and neither did quoting him when you were the next poster).

[superlightr]

CAPP0 said:

superlightr said:

….

People with your attitude & approach will be the end of many others' enjoyment of PH.

The guy asked for assistance. Your sniping and digging added nothing (and neither did quoting him when you were the next poster).

if you read what I asked him - yes I was critical as people with his apparent lack of any knowledge of law or lettings tend to think letting is easy and agents charge too much.

If he had used an agent it would have been dealt with correctly. You may also have seen that I asked about what he actually agreed with the woman tenant as that's vital to know to try and help further.

build a bridge and get over it if you don't like me quoting. Pls.

[Alucidnation]

All of my properties are managed by agents.

I just can't be fked to deal with all the hassle.

[ubbs]

Just tell the TDS people she and her partner have "done one" owing arrears and your not giving the deposit back.

[ubbs]

Just tell the TDS people she and her partner have "done one" owing arrears and your not giving the deposit back.

[mondeoman]

superlightr said:

mondeoman said:

My turn for a bit of direction....

Couple rented a property, standard AST, everything fine until November, when he moved out, she struggled but managed to make payments (spread out, but eventually all up to date) until end of December, when she missed a week, putting them in arrears. A payment was made at beginning of Jan, about 1/4 of monthly amount, then after chasing for payment, I got a text saying that she was moving out, he was moving back in and would be paying the rent....

I agreed a payment schedule to get him (them?) back on track, 1st payment was made, then it all went south - underpayments, missed dates etc.... By mid March arrears were at over £1k, then I got a call from his step-dad (who was apparently being sub-let one of the rooms, which isn't allowed) who promised to pay Aprils rent this weekend, then payments towards the arrears at the end of the month. Seems reasonable, and avoids a void, so I agreed.

Then I got a call this week saying that he (the original tenant) had done a runner, packed his stuff and gone to live with one of his girlfriends and wasn't going to be paying anything towards the rent, future or past.

I went over today, and the step-dad and his Mrs want to rent the house, which I'm Ok with , subject to references. They've signed a new agreement, paid a months rent, house is clean and tidy, all is now well in my renting world.

Except the arrears... my question is, as the deposit is with the DPS, and registered in her name (as lead tenant), can I claim it as part payment towards the arrears, even though she moved out in Jan, and told me she had. AST is Joint and several, so I'm guessing I can, but I think she's likely to put up some resistance, claiming I should have ended the joint tenancy when she moved out and taken a new deposit from him or something along those line.

What say the PH Jury?

what did you agree when she moved out|? Did you use an agent? If not why not when you clearly don't know what your doing?

We would not release a tenant unless all tenants moved out. Did you write releasing her and what did you write regarding the deposit?

Just make a claim on the deposit via the DPS She had a TA she was in arrears. that's it.

Edited by superlightr on Saturday 8th April 18:57

Edited by superlightr on Saturday 8th April 19:12

oooh get you. Neither tenant has been formally released, instead they have both been advised by email that the arrears are required to be paid, and what the amount is. There has been no discussion concerning the deposit until now.

Having used agents in the past, yes they do charge too much and they are useless - didn't do annual inspections, didn't do inventories, didn't arrange gas safety checks, so no, I don't use them now. Your assumptions are, shall we say, wide of the mark.

[98elise]

superlightr said:

CAPP0 said:

superlightr said:

….

People with your attitude & approach will be the end of many others' enjoyment of PH.

The guy asked for assistance. Your sniping and digging added nothing (and neither did quoting him when you were the next poster).

if you read what I asked him - yes I was critical as people with his apparent lack of any knowledge of law or lettings tend to think letting is easy and agents charge too much.

If he had used an agent it would have been dealt with correctly. You may also have seen that I asked about what he actually agreed with the woman tenant as that's vital to know to try and help further.

build a bridge and get over it if you don't like me quoting. Pls.

I assume you are an agent? My experience of agents is they act as a middle man just asking you what you want to do, then do that very slowly. Last time I used an agent they probably added a month to the eviction process because they were never ready to serve documents at each deadline, did different thing to what we had agreed, sat on emails for days etc.

[TooMany2cvs]

mondeoman said:

Couple rented a property

AST is Joint and several

This is your answer...

mondeoman said:

but I think she's likely to put up some resistance, claiming I should have ended the joint tenancy when she moved out and taken a new deposit from him or something along those line.

Perhaps that's what should've happened. But it didn't.

End of the day, the decision is with the DPS.

[superlightr]

mondeoman said:

oooh get you. Neither tenant has been formally released, instead they have both been advised by email that the arrears are required to be paid, and what the amount is. There has been no discussion concerning the deposit until now.

Having used agents in the past, yes they do charge too much and they are useless - didn't do annual inspections, didn't do inventories, didn't arrange gas safety checks, so no, I don't use them now. Your assumptions are, shall we say, wide of the mark.

Some Agents are better then others. Some do work hard and are successful for their clients. Some clients expect a fully managed service but don't want to pay for it. The better agents will manage those expectations. If an agent hasn't don't their job then report them. kick out the cowboys. Its a bit like any business some are better then others. Agents are regulated so report them if the are not good.

All I can say is that ive been a letting agent for over 20 years and we work hard for our landlords and often pick up work from 'Estate agents' who don't know what they are doing often the corporates. We have an excellent reputation and our landlords have very few issues or problems because we as Letting agents do an excellent job and are suitably qualified and experienced.

[mondeoman]

superlightr said:

mondeoman said:

oooh get you. Neither tenant has been formally released, instead they have both been advised by email that the arrears are required to be paid, and what the amount is. There has been no discussion concerning the deposit until now.

Having used agents in the past, yes they do charge too much and they are useless - didn't do annual inspections, didn't do inventories, didn't arrange gas safety checks, so no, I don't use them now. Your assumptions are, shall we say, wide of the mark.

Some Agents are better then others. Some do work hard and are successful for their clients. Some clients expect a fully managed service but don't want to pay for it. The better agents will manage those expectations. If an agent hasn't don't their job then report them. kick out the cowboys. Its a bit like any business some are better then others. Agents are regulated so report them if the are not good.

All I can say is that ive been a letting agent for over 20 years and we work hard for our landlords and often pick up work from 'Estate agents' who don't know what they are doing often the corporates. We have an excellent reputation and our landlords have very few issues or problems because we as Letting agents do an excellent job and are suitably qualified and experienced.

I'm sure you do, but as with many things the experiences will be many and varied. And perhaps it's a shame you weren't mine in the past. Having been a recruiter for many a year, I feel your pain

So,, moving on, as its joint and several ast, claim the deposit against arrears and see what happens.

[Wings]

Reminds me of a very similar situation that I tried to help a landlord with, that situation being where a boyfriend of a sole female tenant, verbally informed the landlord that his girlfriend, tenant had vacated the rental property.

The landlord cleared the property of the girlfriend’s, tenant’s personal effects, changed the main door locks, and re-let the property.

Two to 3 weeks later the girlfriend reappeared, claimed unlawful eviction, and with the aid of the local council’s housing department, took the landlord to court for unlawful eviction, resulting in the landlord having to pay a £5k fine.

The moral of the story being, always correspond in writing and getting the departing tenant, signing a “Surrender of Tenancy Notice.”

Had I have been in the OP’s situation, and not having a signed “Surrender of Tenancy Notice”, I would not have re-let the rental property to either relatives or friends of the former two tenants, since either one or two of those former tenants, may still have a “friendly” access to the rental property.

As for the Deposit and the rental arrears, generally the Deposit is only protected for three calendar months (less one day) from the day/date the tenant has vacated the property, and again in a similar situation to the OP, I would deduct the rental arrears from the Deposit, and place the onus on the ex tenant to raise a Deposit Dispute before the Deposit becomes unprotected.

[mondeoman]

Wings said:

Reminds me of a very similar situation that I tried to help a landlord with, that situation being where a boyfriend of a sole female tenant, verbally informed the landlord that his girlfriend, tenant had vacated the rental property.

The landlord cleared the property of the girlfriend’s, tenant’s personal effects, changed the main door locks, and re-let the property.

Two to 3 weeks later the girlfriend reappeared, claimed unlawful eviction, and with the aid of the local council’s housing department, took the landlord to court for unlawful eviction, resulting in the landlord having to pay a £5k fine.

The moral of the story being, always correspond in writing and getting the departing tenant, signing a “Surrender of Tenancy Notice.”

Had I have been in the OP’s situation, and not having a signed “Surrender of Tenancy Notice”, I would not have re-let the rental property to either relatives or friends of the former two tenants, since either one or two of those former tenants, may still have a “friendly” access to the rental property.

As for the Deposit and the rental arrears, generally the Deposit is only protected for three calendar months (less one day) from the day/date the tenant has vacated the property, and again in a similar situation to the OP, I would deduct the rental arrears from the Deposit, and place the onus on the ex tenant to raise a Deposit Dispute before the Deposit becomes unprotected.

Interesting points, bit more work to do perhaps, although both tenants were advised that the tenancy would end if arrears weren't cleared by yesterday. Neither responded in any way.

[superlightr]

mondeoman said:

Interesting points, bit more work to do perhaps, although both tenants were advised that the tenancy would end if arrears weren't cleared by yesterday. Neither responded in any way.

? in what way? did you give them notice s8 or s21 ?