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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6308
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a Landlord. My tenants rent was due on the 4th of this

Customer Question

I am a Landlord. My tenants rent was due on the 4th of this month (July) and he asked could he drop it in a day late as he was waiting for some money to come in. I agreed and asked him to let me know once he had done it as I needed to collect it. Suffice to say I heard nothing from him and so began to try and make contact with him by txt and phone. He didn’t answer my calls or respond to my txt (red flag) so I dropped a note off at his flat on the Saturday (6th) to ask him to contact me. Still no response and he would not answer my calls I left answer phone messages too. On the Monday (8th) I got a long txt from him explaining that he had got a job working away and that he had moved out he said sorry for the short notice and non payment of rent and to use the deposit as his rent. The Shorthold Assured Tenancy Agreement states one months notice. Deposits are not stated to be used as rent.

When I went into the flat as I have spare keys, he had obviously planned this departure it was completely empty apart from a sofa, it was left fairly clean with a couple of exceptions the oven and floors, the note I had dropped off was still on the mat so he had well gone before the weekend in question.

He had left the key to the flat under the mat but had not left the keys to a communal hall where he would retrieve his mail. I did txt and ask him to return the keys but he did not reply.
There was damage to a toilet and I had to replace it, there was damage to the bath panel which had to be replaced. The oven had to be cleaned and the carpet in the lounge had to be cleaned. I had to pay to advertise the flat and had to get fresh keys cut to the communal area.

I managed to find a new tenant quite quickly who moved in on the 16th of this month. 2 weeks after he had left.
I have just received a txt from him saying he couldn't contact me sooner re the keys as he is working off shore with no phone allowed (not quite sure that this is true). He said he would drop the keys off. I responded to his txt and asked him to forward them to my home address. He is now asking if I had found a new tenant and that he wants the dates they moved in, money back , that he has paid until the end of the month and a letter from me stating that he is still resident.
He gave me the notice in his txt to say he had gone
He did not give me the correct 30 days notice
He did not pay his rent
I did not agree to him using the deposit as rent.
There are costs that I have incurred through damage and advertising and he had txt me to say he had gone.
He has now threatened to take me to court not sure if this is just hot air.
I didn’t put the deposit into a scheme will this affect my rights (what ever they may be) in this situation.
Thank you
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

When does the fixed term of the tenancy expire please?

Tom
Customer: replied 1 year ago.

He was on a periodic as the tenancy started in 2010

Expert:  Thomas replied 1 year ago.
Okay.

What have you done with the deposit monies?

Tom
Customer: replied 1 year ago.

I did not put it into the scheme. I kept it in my bank and have used it to cover the damage plus advertising and lost rent.


 


 

Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.

Hi


I have read through your answer. If he were to sue me through the court for his deposit.


Would I get fined x3 times the amount?


Would the fact that he told me to use the deposit for rent alter anything?


Would I be able to deduct for the damage and my costs?


If he has breeched the agreement does this alter anything legally?

Expert:  Thomas replied 1 year ago.
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Expert:  Thomas replied 1 year ago.
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