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  • Legal FAQs

    Tenant wants to leave after 1 day

    I could bloody kick myself.

    I've been so meticulous with registering deposits and getting rent paid on commencement of a contract but I’ve stuffed up because naively she was a sweet girl and I took my foot off the peddle.

    So she gave me her deposit and I was 2 days late in registering it. She moved in on Sunday and I gave her my bank details yesterday to pay her first month’s rent. However today (2days after moving in) she wants to move out because she says she’s noise sensitive and the building is too noisy.

    She has a 6 month contract.

    Where do I stand?

    Thanks

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    I've been there - and I let them go because I don't want to have anyone who's unhappy living in one of my properties.

    I should add that this was a one-off during the 33yrs of letting multiple units.

    Another thing, when I first bought one of these flats and moved in I noticed noises which I didn't have at my previous home, but after a week I must have got used to it and never heard anything from then onwards. Unfortunately, it's hard to 'sell' that story to someone who's a paying customer so it's easier, and dare I say, fairer, to just give them what they want. Or, maybe offer another week to allow them to monitor the situation?

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    You have 30 Days to register her deposit in one of the government backed schemes? So I don't believe you can be classed as late after 2 days.

    https://www.gov.uk/tenancy-deposit-protection

    It's your call, you can go down the route of you've signed up to a 6 month contract and you have to honor it.

    or

    Suggest you will let her out of the contract, but will keep the deposit.

    If you go with the latter, which I would recommend as if she's not happy, she could become problematic. Get her to sign a document to that effect so you have no comeback.

    As always morale of the story, always take full rent and deposit at the start of tenancy before they move in.

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    She gave me her deposit 32 days before I registered it. I will let her go but I wanted to know because of the deposit situation whether I can keep it to cover things whilst I relet it etc

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    I would call whoever you use to protect the deposit for clarity, explain that you were waiting until she moved in before protecting and she is now wanting to leave.

    They may say the 30 days start from the tenancy date not necessarily the date you received the deposit.......

    Either way, just come to a compromise and move on.

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    Written before your last reply ...Let the girl leave, charge her a nominal rent for the time she's been there and presumable still there and put it down to experience.  I am sure you don't want the agro of having an unhappy tenant.

    After ....  Just take the few day's rent from her deposit and then pay it back to her, split on good terms.  You do not want her causing you problems re. late deposit registration, it will cause you a lot of head-ache and money.

    Fred.

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    Well the deposit is late and she could make a claim. Probably best to let her go amicably and hope she does not notice the error

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    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 would write a letter saying that you are agreeing to her leaving without fulfiling her contracted 6 months payment of rent, on the understanding that you have returned her Deposit in Full and Final settlement of that matter.

    If any subsequent claim is made regarding her deposit,  you reserve the right to persue her for the breach of Tenancy ( i.e 6 months worth of rent -  which will be far more than the x 3 of the Deposit )

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    Agree with David. DPS don't return a deposit within 28 days of registering it, don't know about other schemes rules.

    If I were you I'd keep my head down and let her go quietly. If everything was compliant you could have claimed rent for 6 months, though reality means this is rarely necessary. Usually a replacement tenant can be found and a reasonable charge made for referencing.

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    Tenant has the absolute right, confirmed twice by parliament (***) to sue you for the between 1 & 3x deposit penalty, even if you have returned deposit.


    This is a public forum and your tenant, their friends, family or legal advisers may be viewing your thread....


    *** Confirmed twice?  Yes, the second time was to extend the initial 14 days to protect to 31 dayes when so many landlords & landlord assocs claimed 14 was too tight but 31 days would be fine...

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