X

Sign Up

or

By signing up I agree to Property Tribes Terms and Conditions


Already a PT member? Log In

Sign Up

Sign Up With Facebook, Twitter, or Google

or


By signing up, I agree to Property Tribes Terms and Conditions


Already a PT member? Log In

Log In

or


Don't have an account? Sign Up

Forgot Password

To reset your password just enter the email address you registered with and we'll send you a link to access a new password.


Already a PT member? Log In

Don't have an account? Sign Up

  • Deposit Protection

    Deposit if tenant leaves early from contract?

    Hi

    I assume that if a tenant signed a twelve month contract but left before six months was up and giving one day's notice they would forfeit their dps deposit?

    The tenant obviously would like his deposit back so I have submitted the contract to dps. So is it a slam dunk? Just waiting for dps on deciding if  rest of deposit goes to me.

    Regards

    Soe

    0
    0

    They still owe rent to end of fixed term.

    Write/email tenant pointing this out, that you will pursue them through the courts for as long as it takes and will ensure they get a CCJ, and will supply a full & honest reference if ever requested.  Or would they like to settle for, say, another 3 months rent and deposit.

    0
    0

    The main tenant is not in this country. He has been fairly good but as his mum died he decided to end lease and fly to Lithuania. Too much hassle to take him to court. Compounded by his friend who left a few months earlier who strangely texted me just now asking me what the problem was lol.

    0
    0

    Happy to take the deposit as it is easy to let it out. Unfortunately is with dps. They could be a bit funny lol.

    0
    0

    As long as you can provide The DPS with a copy of the signed Tenancy Agreement, and as long as all the prescribed documents (gas cert, EPC, How to Rent Guide etc) were all served to the tenant at the start of the tenancy, then they should rule in your favour. It just takes time to go through the motions. Good luck!

    0
    0

    As long as you can provide The DPS with a copy of the signed Tenancy Agreement

    Only if the tenancy agreement says the deposit can be used to pay rent arrears (and the PI referenced the relevant clause in the contract).

    0
    0

    Is that the same for rent arrears too? I am aware it is importing for section 31 buy no bearing on section 8 which is rent arrears.

    So it might only apply to certain situations.

    Regards

    Soe

    0
    0

    It depends when you took the property back a little. Arguably if you went back in promptly then you accepted the tenants surrender.

    However, the tenant does technically owe until the end of the terms and so DPS should have no real problem with this.

    You should have done the EPC, GSC etc but it has nothing to do with the arrears of rent, only your ability to serve an s21 notice, which you don’t need here!

    0
    0
    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    I should be ok as I also wrote something and got him to sign it that he left tenancy early and forfeiting deposit.


    I had to go in as he was leaving country, otherwise I would be in a bind. Needed keys back etc. Is not necessary that I accepted is that he was going so I had no choice really.


    Regards


    0
    0