UK Landlord Forum / Life

My tenant moved in March 2012 and has been on different rolling contracts and yearly tenancy agreements. The latest tenancy agreement lapses in May 2015.
Due to issues with lease hold issues I informed my tenant that I would come and officially serve her a notice  which will be effective from her next rent date which is May 19 2015. I had this conversation on the 30th of April 2015. By the 4th of May tenant texts me asking for me to sign deposit papers to release her deposit, I text her bk that's had to give her the official notice, check her out properly and based on the findings start the process of releasing deposit.
She then texts me bk that she is leaving on the 16th of May which I was shocked about as we never had any discussion of such. She then texts me be claiming I had asked her to leave as soon as possible that I wanted to sell the flat. I explained there is a process to ending a tenancy and neither of us had notified with the one months notice.
I went to the flat on the 9th as I had to check the status of the flat and she was almost literally forcing me to sign the deposit papers and also forcing me to give her a reference for the new place she was going to. I said I could not because we had not completed the checking out process.
At this stage I contacted the agent who brought her and he told her the process, that I need to take back possession of the flat, check for damages and tenant and landlord had to agree to cost of damages if any. She insulted me of course in that day calling me all sorts of names which I was in shock about but let it slide.

This tenant has now contacted her parents with whatever story and they havein turn contacted the agent threatening to make my life hell if I don't give her the deposit before she leaves on the 16th and said they will be present when checks are being done etc.

Next thing they called the agent saying a whole load of threatening things that she will remain a squatter if I don't give her her deposit before I check the flat because they feel after she leaves, I might  destroy the walls and floors and claiming it's all her Fault.

She has gone to start the deposit refund from the dps scheme where her deposit has been protected.
Does she have a right to do this. I feel I am being bullied by a tenant and her parents who are calling the agents and making different allegations and I need legal advice on how to deal with this.

Please please please I need your help.

There is a process in place, the fact she's started it with the DPS means nothing as it needs your say so to complete.

The process is, check out, check property out, give deposit back.  They seem too thick to comprehend this.  Stick to your guns.

Explain calmly, preferably in writing that notice has not been served.  That they have 2 options.  That you can serve the correct notice on the 19th of May giving the tenant 2 months notice, at which point they can simultaneously give you their notice of 1 month, to quit on the 19th of June and they will be liable for the rent for that period OR you are willing to accept an unconventional termination on the 16th of May, get a surrender deed signed by both of you, perform the check out procedure on the 16th of May and arrange the deposit minus deductions to be given back within 14 days of that.

Make it clear these are the only 2 options.

If she wants to stay in the property and 'squat' then she will be liable for further increasing costs and rent during that period.  Nothing in this scenario seems to favor the tenant.

Quote from: Togweh on May 11, 2015, 03:08:35 PMThe latest tenancy agreement lapses in May 2015.

Quote from: Togweh on May 11, 2015, 03:08:35 PMI informed my tenant that I would come and officially serve her a notice  which will be effective from her next rent date which is May 19 2015. I had this conversation on the 30th of April 2015.

What's most worrying here is that your notice was invalid anyway. If the tenancy is in a fixed term and you want the Tenant to leave at the end, then you must serve a Section 21 and give them at least 2 months notice.

Quote from: Togweh on May 11, 2015, 03:08:35 PMI explained there is a process to ending a tenancy and neither of us had notified with the one months notice.

Yes, there is a process, but you haven't followed it. Also, if the Tenant is in a fixed term and leaves on the last day of the fixed term, they don't have to provide you with any notice at all.

BTW - if I've misread that you haven't served any notice yet and planned to do that prior to 19 May, giving the Tenant at least 2 months, then I apologise for the misread.

Quote from: Togweh on May 11, 2015, 03:08:35 PM...the process, that I need to take back possession of the flat, check for damages and tenant and landlord had to agree to cost of damages if any.

Correct.

Quote from: Togweh on May 11, 2015, 03:08:35 PM...if I don't give her her deposit before I check the flat because they feel after she leaves, I might  destroy the walls and floors and claiming it's all her Fault.

Advise her to take her own pictures of the property as she leaves on her own phone, then she has her own evidence.

Simply do not agree to release the deposit until the check-out is complete. She can't do it on her own, there has to be agreement.

Quote from: Riptide on May 11, 2015, 03:21:17 PM
There is a process in place, the fact she's started it with the DPS means nothing as it needs your say so to complete.

The process is, check out, check property out, give deposit back.  They seem too thick to comprehend this.  Stick to your guns.

Explain calmly, preferably in writing that notice has not been served.  That they have 2 options.  That you can serve the correct notice on the 19th of May giving the tenant 2 months notice, at which point they can simultaneously give you their notice of 1 month, to quit on the 19th of June and they will be liable for the rent for that period OR you are willing to accept an unconventional termination on the 16th of May, get a surrender deed signed by both of you, perform the check out procedure on the 16th of May and arrange the deposit minus deductions to be given back within 14 days of that.

Make it clear these are the only 2 options.

If she wants to stay in the property and 'squat' then she will be liable for further increasing costs and rent during that period.  Nothing in this scenario seems to favor the tenant.

Thank you for your reply.
I have been so worried. I will stick to my guns ad write her officially.
Have a lovely day

Quote from: Hippogriff on May 11, 2015, 03:25:02 PM

Quote from: Togweh on May 11, 2015, 03:08:35 PMThe latest tenancy agreement lapses in May 2015.

Quote from: Togweh on May 11, 2015, 03:08:35 PMI informed my tenant that I would come and officially serve her a notice  which will be effective from her next rent date which is May 19 2015. I had this conversation on the 30th of April 2015.

What's most worrying here is that your notice was invalid anyway. If the tenancy is in a fixed term and you want the Tenant to leave at the end, then you must serve a Section 21 and give them at least 2 months notice.

Quote from: Togweh on May 11, 2015, 03:08:35 PMI explained there is a process to ending a tenancy and neither of us had notified with the one months notice.

Yes, there is a process, but you haven't followed it. Also, if the Tenant is in a fixed term and leaves on the last day of the fixed term, they don't have to provide you with any notice at all.


BTW - if I've misread that you haven't served any notice yet and planned to do that prior to 19 May, giving the Tenant at least 2 months, then I apologise for the misread.

I haven't served her a notice yet. I had to let her know of y situation with regards to the flat that's why I contacted her the first time. And I am aware the section 21 had to be served to make it official.

Quote from: Togweh on May 11, 2015, 03:08:35 PM...the process, that I need to take back possession of the flat, check for damages and tenant and landlord had to agree to cost of damages if any.

Correct.
Noted

Quote from: Togweh on May 11, 2015, 03:08:35 PM...if I don't give her her deposit before I check the flat because they feel after she leaves, I might  destroy the walls and floors and claiming it's all her Fault.

Advise her to take her own pictures of the property as she leaves on her own phone, then she has her own evidence.

Simply do not agree to release the deposit until the check-out is complete. She can't do it on her own, there has to be agreement.

Thank you very much for taking time to advise me on this issue.
Have a lovely day.

This is the problem with the whole deposit protection thing.

You got to understand how she feels??

You panic, find a house to move to, and want it, it might go, you need your deposit back to give the deposit on the new place.

I am sure if you kept it friendly, and face to face you could sort this out with out "aggro"

Interested to hear the outcome on this.