I have not renewed my tenants' one year contract. they have withheld the last month's rent saying they cannot afford it because they have had to pay the deposit on the next property and to use their deposit for the last months rent. i suspect the property is going to be in a mess (which is why i have not renewed their tenancy) and that i will have to use at least some of the deposit for making good. They say they have taken a private let next which is why they had to pay in advance for first months rent and new deposit. they are due move out on the 16 May which I think they will do but suspect they will not leave a forwarding address. I need to know if it is worth me chasing the rent and how i go about it. thank you for any advice you can give me.
Province/Country relating to question : north london
I emailed to say they are contracted to pay the last month and that their deposit is protected and should not be used for the rent. I did have six weeks rent in advance because they have a dog so i think they are hoping that any making good can come out of that. Not having received the rent i have informed them i am taking advice
so far you have done everything correctly not least as the deposit is protected.
It is difficult to advise more specifically as to the merits of you chasing for payment in the absence of knowing how poor (or not as the case may be) the condition of the property is in.
At the end of the tenancy you will have an inspection of the property and the costs of any repairs etc will be known and can be deducted from the deposit according to the terms of the deposit scheme. application for any rent arrears can also be made.
Hopefully the deposit will cover the repairs and rent (i don't know how much you are charging) but if not your only recourse is to pursue a claim in the county court. The merits of this course of action will depend on whether your tenants are in em,employment as you can then apply for an attachment of earnings order. If they are not in employment the merit, given the costs, time and likelihood of being paid mean that it is probably not worthwhile pursuing.
I would recommend that you chase your tenants for payment. If you know the new landlord (or even if you don't) you can tell your tenants that you will be contacting him or her to advise that they are bad tenants as evidenced by their arrears.
I hope this is of help. If so, please could I ask that you tick accept but if you do have any queries on this answer I will try and answer them. Thanks.
are you saying then that I should wait until i see the condition of the property before considering the county court? I took 6 weeks deposit (£1950) . if i dont get the last months rent i am left with £650 deposit money. i dont know what condition the property will be in but i have £650 i could use to put it right. i cannot contact the new landlord, because they have gone for a private let as i think i said so are not giving me this information., if i wait until they are gone i dont think i will have a forwarding address, or any way of finding them again. i cannot use contacting their new landlord as a lever as i dont know who s/he is . so i suppose there is nothing i can do at this point.
That being the case you could commence proceedings to recover the rent owing at this time and if necessary the proceedings can be amended, if after the property has been vacated, more money is owed to you.
To assist your position I would insist on inspecting the property now. If they refuse to agree a convenient time, write with to the tenants advising them of a date and time when you will inspect and gain access to the property with your own keys. you can prepare an inventory of repairs at the visit and send it to your tenants.
LL.B (Hons.); Post Grad Diploma in Legal Practice; Admitted 1997;PQE 13 years
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