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I am a landlord, and two tenants in my property had a major…

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I am a landlord, and...
I am a landlord, and two tenants in my property had a major disagreement yesterday resulting in one informing me he was moving out immediately. He hasn't signed a tenancy agreement, and has been in the property since December. He is demanding his deposit back immediately, although i'm quite sure i've got 14 days to give it back, making sure there is no damage to the room, no furniture, fixtures or fittings missing, etc. And do i need to get get him to sign a surrender agreement?
Submitted: 6 years ago.Category: UK Property Law
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2/19/2012
Solicitor: Jo C., Barrister replied 6 years ago
Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 71,547
Experience: Over 5 years in practice.
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Hi

Thank you for your question. I will try to help with this.

What type of contract are they on?
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Customer reply replied 6 years ago
They are not on a contract, as such, as they haven't signed a tenancy agreement. I assume this makes it "periodic tenancy" on a month-to-month basis.
Solicitor: Jo C., Barrister replied 6 years ago
Well, not necessarily. It depends if there are other factors that amount to acceptance of an AST but for these purposes it probably doesn't matter that much.

If he is on an AST then obviously he cannot give notice in this way and you are free to keep his deposit.

If he's on a periodic then he can give notice but he needs to give notice on or before the rent date to run for one period of the rental term. If he's given you 14 days notice then that almost certainly isn't sufficient. If he's paying rent monthly then it should be one month's notice on the rent date. If its before the rent date then it runs from the rent date so you are free to keep his deposit to cover that month

And you are allowed reasonable time to check the state of the property.

You don't need him to sign a surrender but it wouldn't be a bad idea to get notice in writing if he is willing.

Hope this helps. Please press ACCEPT and then I will answer your follow up questions for free. Your question will not close but I will thereafter give you related information at no extra cost.

Jo C.
Jo C., Barrister
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Customer reply replied 6 years ago

I will come back to you shortly. Just need to check when he last paid rent, to see where i stand. please give me 30 minutes. Thank you very much for your help so far.

Customer reply replied 6 years ago
OK. He pays on the 12th of every month, to cover to the 12th of the next month. So he has paid rent on th 12th Feb, and as he has decided to leave right now, he is demanding, quite forcefully, his months's rent back PLUS the deposit. I need to know where i stand legally before i challenge him on this.
Solicitor: Jo C., Barrister replied 6 years ago
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Customer reply replied 6 years ago
Thanks a lot, this is very helpful. Is there a legal document available online anywhere, so i can print this out to show the tenant, who fancies himself as a Legal Expert?
Solicitor: Jo C., Barrister replied 6 years ago
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