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View Full Version : Inspection of property by L; correct Notice from T?



Pamelajoy
31-03-2009, 10:09 AM
My tenants leave tomorrow (although their notice said their last day would be 31st March!) However, they have made mention of expecting their deposit back on the day they leave. How long after inspection do I have to return I thought it was two weeks all being in good state of repair.

jta
31-03-2009, 10:44 AM
Who is holding the deposit, you or a deposit protection scheme?

Poppy
31-03-2009, 11:31 AM
Make sure you inspect the property with the tenant present. Collect the keys. Read the meters. Ask who are their utility suppliers. Discuss with the tenant the method by which they want the deposit returned.

There are no hard and fast rules about the length of time to return the deposit. If the property is in a good state, return the deposit certainly within two weeks. Sounds like you're not expecting any particular problem.

Pamelajoy
01-04-2009, 09:18 AM
Thanks for replies.I am holding deposit, as their tenanncy was pre April 2008.
They have now told me they expect to be out very late tonight! Too late for inspection, it would seem. They want until Thursday or Friday now to clean the place. As their (email) notice stated they would be out by 31st March can I ask them for a daily rent until they have completed cleaning?
I do not anticipate major problems, however, I noted upon my last visit, door handles were not fitting corectly, small holes in doors, (they have been quite rough tenannts) Big dent in plasterboard half way upstairs.
As they did not open windows, condensation has made windows mildewy, even though the house had new UVPC windows 18 months ago.
I want to be fair, but as these were not of my doing and they would look bad for new tenannts moving in how do I ask them for money to make it good?
Its not an old property and they have been there 5 Years I feel the general cleanliness would not be up to scratch.

Pamelajoy
25-04-2009, 18:11 PM
Hello! My tenants of over 5 years, gave notice by email on 2nd March to say they would be leaving on the 31st March and that would be their last day. However, on that day I contacted them to do the inspection and they said they needed until the 2nd April to clean up, I wasnt too thrilled but complied, they gave me the key on 3rd April. I inspected the house and found a few problems, put it in writing and said I would be making deductions from their deposit for damage, removal of rubbish and wardrobe left behind and few things more Now I have received a court order for withholding deposit without good reason. This is not my intention I simply want what is just and fair. To cut all this nonsense now of counter claiming, I would like to know if their notice was correct because if I offer them some deposit back and also mention that the notice served was not in the correct form (we landlords have to get it right afterall!) Do you think this is acceptable. They paid on the !st of every month by the way. Many thanks

Preston
25-04-2009, 18:38 PM
Hello! My tenants of over 5 years, gave notice by email on 2nd March to say they would be leaving on the 31st March and that would be their last day. However, on that day I contacted them to do the inspection and they said they needed until the 2nd April to clean up, I wasnt too thrilled but complied, they gave me the key on 3rd April. I inspected the house and found a few problems, put it in writing and said I would be making deductions from their deposit for damage, removal of rubbish and wardrobe left behind and few things more Now I have received a court order for withholding deposit without good reason. This is not my intention I simply want what is just and fair. To cut all this nonsense now of counter claiming, I would like to know if their notice was correct because if I offer them some deposit back and also mention that the notice served was not in the correct form (we landlords have to get it right afterall!) Do you think this is acceptable. They paid on the !st of every month by the way. Many thanks

Hi

If this is a monthly statutory periodic tenancy then the normal notice required from the tenant is one month, ending on the first or the last day of the tenacy. So, notice given on 2nd March would normally expire on 30th April, assuming it is properly drafted.

Whether or not you can claim April's rent from them will depend very much on what was said and or written between you. For example, if you said or implied that they would not be liable for any rent after their departure, you would not be able to change your mind now. However, if you said nothing, it is quite possible that they do in fact owe you the full rent for April, because, even though you appear to have accepted a surrender, they stayed beyond the rent payment date and, unless agreed otherwise, rent payable in advance is not refundable.

By the way, have you really received a court order, or just notification that an application has been made? Was the deposit protected? In your case, this would only have been necessary if you "renewed" their tenancy after the regulations came into effect.

Preston

Pamelajoy
25-04-2009, 18:44 PM
Hi Preston, thanks for replying. Their deposit is not protected as their tenancy started in June 2003. It is a court application and I have 14 days to acknowledge.

Pamelajoy
26-04-2009, 07:38 AM
Morning anyone! Worrying about my court notice because I have not yet returned my tenants deposit. Please see previous posting, "have my tenants given correct notice" for little more background. I feel stuck because on their declaration on the court form that have not mentioned fully my reasons for keeping SOME of the deposit I have not stated I would keep all just partial to cover damage. But now I am wondering if I can avoid this whole business of going to court (terrifying!) and just tell them incorrect notice was served.
I had email notice on 2nd March stating they were leaving and 31st would be their last day, they gave ne keys 3rd April lunchtime as they hadnt finished cleaning untill then. Can anyone help please.

Lawcruncher
26-04-2009, 07:50 AM
If a tenant gives an invalid notice to quit it can effectively be validated if the landlord, whether expressly or impliedly, accepts it and the tenant relies on the acceptance. In this case you accepted the keys and took the property back under your control - actions which would in any event imply the acceptance of a surrender. It is I am afraid too late now to raise the point that the notice to quit was invalid.

harry1001
26-04-2009, 07:53 AM
going to court isn't terrifying - you might well be nervous, but everyone's helpful - the ushers will show you what to do - the judges usually appear stern but are only interested in getting at the truth. If the deposit was 'protected' if it needed to be, then you have nothing to fear ('except fear itself').

Pamelajoy
26-04-2009, 07:54 AM
Ok thanks, I simply wanted an end to this going to counter claim in court, I will now have to go forward with that and claim for his damage to the house which he has never acknowledged . thanks!

Preston
26-04-2009, 09:10 AM
If a tenant gives an invalid notice to quit it can effectively be validated if the landlord, whether expressly or impliedly, accepts it and the tenant relies on the acceptance. In this case you accepted the keys and took the property back under your control - actions which would in any event imply the acceptance of a surrender. It is I am afraid too late now to raise the point that the notice to quit was invalid.

Agreed, but that is a slightly different issue from what rent is due from the (former) tenant, as indicated in my post.

Preston
26-04-2009, 09:14 AM
Morning anyone! Worrying about my court notice because I have not yet returned my tenants deposit. Please see previous posting, "have my tenants given correct notice" for little more background. I feel stuck because on their declaration on the court form that have not mentioned fully my reasons for keeping SOME of the deposit I have not stated I would keep all just partial to cover damage. But now I am wondering if I can avoid this whole business of going to court (terrifying!) and just tell them incorrect notice was served.
I had email notice on 2nd March stating they were leaving and 31st would be their last day, they gave ne keys 3rd April lunchtime as they hadnt finished cleaning untill then. Can anyone help please.

Hi

There are, I think, two quite separate issues here:

a) has the tenancy ended and when and
b) how much money might be owed to you for rent up to the point that the tenancy ended.

On (a) you appear to have agreed to a surrender when you accepted the keys and took possession of the flat.

With regard to (b), though, the key issue is what was said about rent payments? Did you agree, impliedly or explicitly, that the tenant would only need to pay rent for the first few days of the month? The normal principle is that rent payable in advance is not refundable if the tenancy ends part way through the month unless the contrary has been agreed between the parties.

Preston