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My tenant owes me rent yet believes they should get their desposit back

Started by Dcypha, November 27, 2020, 04:16:56 PM

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Dcypha

Hi all,

New here, nice to meet you. I imagine this topic has been discussed to death but as you can appreciate, all situations are different in some way. I consider myself a fair and kind landlord but there is a difference between being considerate and being manipulated and treated unfairly.

The dilemma is this:

I had a new tenant move in with me in April as I'm a live-in landlord. I've been very lucky with tenants as nearly all of them have be great over the last 10 years. Due to the pandemic its obviously been a difficult year so I have been as compassionate as possible with the situation I currently have. The tenant is actually a couple, the lady moved here in April and she informed me immediately at the viewing that if she decided to move in then her partner would join her in a few months.

Due to COVID, he was in another county and wasnt allowed to fly yet. So I said ok, no problem, I will only charge you as a single person for the room until he arrives. When he did arrive he wasnt able to find work for a while and I left the rent at the agreed rate as a gesture, despite them both living in that room.

He has started working now and she has a full time job but she had expenses and health issues which cost her money. Having said that a few months ago she underpaid me on 3 occasions. She did tell me in advance and I did agree because we could always sort that repayment at a later date. She paid £100 less for 2 months and then £50 less for 1 month, so £250 is owed. I must also add that despite them both earning they are still paying the single person rate for one room.

I feel I have been foolish and too kind. When I asked her about the arrears she said "oh I thought when you agreed to reduce the rent that meant it was just that amount and I wasn't supposed to repay you" - granted there has been a miscommunication. I did remind her a few months ago she still owes that money, not to mention they should be paying £900 a month for the 2 person room rather than the £700 she has been paying. Money owed is still money owed, I did not agree to reduce it indefinitely. She even said to me that just for the next few months can we pay the lower rate. I have all the evidence in messages and obviously on my bank statement.

They are due to move out next week, after having not given me sufficient notice and she is expecting me to return her deposit. As far as I'm concerned, they have no grounds for disputing this. Given the £250 already owed, plus the £200 per month she has not been paying to cover both of them, as we originally agreed, I feel like there is going to be an argument, that I really dont want to have.

They are nice people and we have got on well, but I know her well enough that she will cause a fuss and assume that she will get it back and that I'm in the wrong, when I really dont think I am. Any thoughts? I really need some advice on how to handle this and of course, this is greatly appreciated. Thank you!

KTC

The £250 from the deposit, okay, assuming you have the evidence that it's owed and was never waived.

Doesn't sound like you actually informed her that you are withdrawing the gesture to only pay £700 and not £900 now that the partner has a job. So, no, I would argue with you too if you want to withhold for that.

Dcypha

Hi, thanks for the reply. I have our WhatsApp conversation where she agreed to start paying £900 when her partner movies in and is working.

Hippogriff

Quote from: Dcypha on November 27, 2020, 04:16:56 PMWhen he did arrive he wasnt able to find work for a while and I left the rent at the agreed rate as a gesture...

Your own words and actions, here, appear to override this earlier WhatsApp conversation. The is working or isn't working bit likely needed to be very explicit... and deserved to be reiterated as and when it occurred. It feels like, yes, you've been too kind... but, also, you've not kept your eye on the ball. I'd enforce what you can easily and move on.

heavykarma

I would deduct the arrears,and though it sticks in the throat you have been too casual and friendly regarding the change in rent.It should have been made clear that her health problems and his situation are not your problem,that's the rent,take it or leave it.You need to be especially detached with people living under the same roof,not a situation I could cope with. Better luck next time.

solentwatcher

Hi, you may for future use want to look up "Excluded Occupier" rules before letting.  From experience with regret I would not hold your breath for getting money after they have left.

:'(

Dcypha

Many thanks for the replies. I've talked with her again and explained that despite the miscommunication, there is still alot of money owed.

As you say, Im my own worst enemy sometimes by being too generous and forgiving. At the moment its just the deducted arrears from the deposit.

I do feel annoyed with myself though, since I dont think I should be the one paying her. She owes me, but this is my fault. I'll see what happens. We havent finalised it yet.