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neetfeet
21-02-2010, 07:01 AM
I posted a link in december about my tennant leaving the property 3 months early, i told him we would allow this but keep his deposit as compensation for leaving the contract early. He then entered into another tenancy agreement elsewhere and has a new rented property, we havent heard a thing from him since he handed the keys back, until this week he has now contacted the disputes people and wants the deposit back??
I have been told they look favorably on the tennant?? Can anyone help and give us some advise??

Lawcruncher
21-02-2010, 08:26 AM
If you can clearly show that the tenant owes rent there should be no problem.

The perceived bias in favour of tenants seems to relate to cases where landlords claims compensation for damage but cannot prove it.

Preston
21-02-2010, 09:13 AM
I posted a link in december about my tennant leaving the property 3 months early, i told him we would allow this but keep his deposit as compensation for leaving the contract early. He then entered into another tenancy agreement elsewhere and has a new rented property, we havent heard a thing from him since he handed the keys back, until this week he has now contacted the disputes people and wants the deposit back??
I have been told they look favorably on the tennant?? Can anyone help and give us some advise??

Did you record the details of your agreement with the tenant regarding retention of the deposit in writing?

Failing this, was anything agreed in writing about his notice to leave? For example, did he make any reference to rent liability in his notice to quit, assuming he gave you one?

Ericthelobster
21-02-2010, 11:18 AM
I posted a link in december about my tennant leaving the property 3 months early, i told him we would allow this but keep his deposit as compensation for leaving the contract early.
Has he paid rent up until the date he moved out?
Was there a void period (for which you received no rent) after he left until your new tenants moved in?
What costs did you incur (advertising etc?) as a result of him quitting and the new tenant moving in?

neetfeet
21-02-2010, 14:57 PM
The tennant gave me a months notice via a email, we offered reducing the rent to keep him there until his agreement finished, he declined after i emailed him asking him on his decision because i had recieved a request for a reference from the new agency?? which i didnt do, after this i was advised to tell him that i would keep the deposit as compensation, this was emailed to him telling him that he was in a legal document that he signed, he never got back to me, he phoned the agency who confirmed this was correct and we havent heard anything since until now.

neetfeet
21-02-2010, 15:01 PM
The tennant gave me a months notice via a email, we offered reducing the rent to keep him there until his agreement finished, he declined after i emailed him asking him on his decision because i had recieved a request for a reference from the new agency?? which i didnt do, after this i was advised to tell him that i would keep the deposit as compensation, this was emailed to him telling him that he was in a legal document that he signed, he never got back to me, he phoned the agency who confirmed this was correct and we havent heard anything since until now.
He has paid to date, there has been a 2 month period that it has been empty so no rent, and i am waiting to see what costs i incurr for advertising as i have new tennants moving in this weekend.

Ericthelobster
21-02-2010, 15:16 PM
Well, it looks to me as if you're justified in retaining the deposit) (and probably claiming more to compensate for the lost rent which presumably exceeds the deposit).

Have a look at the following current thread:

http://www.landlordzone.co.uk/forums/showthread.php?t=26285

From the case studies published, it appears that the adjudicators look pretty favourably on landlords in your position; however I'm somewhat dubious as to whether the link is an accurate representation of reality... it's all very well to provide a dozen examples where the scheme has found in favour of the landlord, but what if there were 1,000 examples (not published) of them finding against? Not saying that's what's happened there but I can't see any mention of the basis behind showing these case studies.