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New Tenant unable to Move in on agreed date due to existing tenant extending sta

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Author Topic: New Tenant unable to Move in on agreed date due to existing tenant extending sta  (Read 104 times)
Newbie
Posts: 1

I like property

« on: August 25, 2020, 12:06:33 AM »

I had a tenant whom was supposed to leave my property in April and I sourced new tenant to move in 1 week after the existing ones moved out.

The existing tenants extended their stay by 1 month and the incoming tenants decided not to go ahead with my tenancy.

Sitting tenants finally moved out in May but it took me a further 6 weeks to find new tenants.

Am I allowed to hold the existing deposit to cover this financial lose? The deposit won't cover the full loss and I'm not pursuing the extra amount but holding 100% of their deposit. Dispute process was not opening by tenant until after 4 months thus they did not get involved.
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Hero Member
Posts: 3607

I like lots of things

« Reply #1 on: August 25, 2020, 09:30:43 AM »

If you hold the Deposit (Insured Scheme) and the ADR Process is now unavailable, due to it timing-out, then you have complete control over the situation... you can just hold it and let them go to the hassle of suing you if they desired that track.

If you do not physically hold the Deposit (Custodial Scheme) then there'd have to be some form of agreement by the ex-Tenants for it to be released, I think?

Whether you're allowed, or not, seems a secondary question to mine... where is that Deposit money currently? What is the mechanism for it to be released (or not)?

There are other situations like this, one comes to mind right now, where Landlords learn that you cannot depend on outgoing Tenants to do everything they say they will. Safer to not jump-the-gun quite so aggressively. You can't blame the incoming Tenants... in their eyes you are an unreliable Landlord who doesn't have their shit together / couldn't organise a piss-up in a brewery. Landlording-101, really... at least have the property available.
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