UK Landlord Forum / Life

Hi, my tenant was on a periodic agreement, and gave me notice 8 days before the next rent was due that they were to vacate on the rent due date.  I informed them that  under the agreement they were supposed to give me one months notice, but said given the circumstances I would take the date of notice as the date they told me, and calculated a balance of rent due.  They have moved out dropping the keys back through the door (without informing me) the place isnt too bad (dirty etc etc) apart from a few personal belongings (bin bag full), but outside they left a trailer load of rubbish - which they had promised to take (and I believed them ha ha).  They are not responding to my texts (dont repsond to emails) I have no forwarding address for them- I  have their deposit in a secure deposit scheme, am I correct in thinking that I am  entitled to keep all of the deposit for the rent due.  What can I do about the items left in the house, and the fact that they will not respond to my texts?  Can someone please advise on these issues - thanks

Hi Lucy,

Firstly, they are legally obligated to give you one month's notice, which they did not. So in my opinion, you are entitled to the deposit. However, if they dispute it, the deposit scheme will step in and mediate.

Secondly, in regards to their possessions, as long as you made "reasonable" efforts to contact them and instruct them to remove it, then you should be able to dispose of their items after a certain period of time. If I were you, I would have emailed and text them informing them that they have 14 days to remove their items or it will be disposed of. If you don't get any response from them with in 5 days, email and text them again. Do so again after another 5 days.

In my opinion, that would definitely constitute as reasonable effort.

Hi, thanks for that. Do I have to fill out a form via the deposit scheme that the deposit is held with to get the whole deposit paid to me.Thanks in advance.

Each scheme will have its own process. But I'm assuming if you log into your account there will be protocol to follow on how you can claim the deposit. Sorry, I can't really give more specific advise, but there will definitely be guidance on the scheme's website.

Hi,
My tenants have vacated the property 2 1/2 months early before the end of a 6 month AST.  A 3rd party company is paying the rent because they had to be rehomed by the NHBC and I was assured that I would get a minimum of 6 months rental from them.  I have re-advertised the property but have decided not to re-let it.  They have left it in such a state, I cannot bear for anyone else to do that so I am planning on moving back in.  I am having a nightmare with the company who are trying to get out of paying the remaining 2 months rent & council tax.  If I move back in am I still entitled to get this rent?  I have 1 1/2 months deposit from them so worst case scenario I'm assuming I can keep that?  The letting agent has not been very helpful with their advice, hence why I'm posting here.  Any advice you can offer will be greatly received.  Many thanks.

Lucy,

In a periodic tenancy, the tenant is legally obliged to give one tenancy period notice before leaving. In most cases that's a month, but it depends on how long the periods are.
Provided they did not give the proper notice, you're entitled to deduce the rent for the remaining days out of the deposit. The tenancy deposit protection service will never make a problem about that.
As you say, the hygiene in the property was sub par, so you're also allowed to hire end of tenancy cleaning services and pay for them out of the deposit as well.
On the matter of the leftover luggage, provided you tried to find the tenants and have them collect it and they didn't respond, you're allowed to remove it from the property, or generally do whatever you want from it. Considering the way the left, it's pretty much abandoned and I'm sure nobody's coming back for it. You can also charge rubbish removal services from the deposit.
When you make the simple math, there are so many violations that the deposit will probably not be enough to cover all of them, so yes, you get it all.

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BarVik,

It's normal that the company would attempt something like this. Now, they don't have much of a choice, if you continue to rent the property and look for new tenants.
However, since you want to move in it again, you're basically accepting the surrender of the property by the tenants, thus terminating the contract. I'm not entirely sure how it stands from a legal point and what exactly the arrangements are between you, the past tenants and the said company.
The way I see it, if you decide to ultimately use the property for yourself and not let it out on the market again, there is a high chance for you to be stripped from the remaining rent.
I personally understand your reasons, but from a legal point of view, I understand theirs as well. I guess you can always try and put it for rent and just not accept any tenants in for whatever reasons you can think of, until the contract is expired and the money is paid to you.

Hope this helps!
Audrey Wright - Move out Mates