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  • FIRST POST
    • tired dad
    • By tired dad 14th Sep 17, 10:27 PM
    • 506Posts
    • 168Thanks
    tired dad
    Periodic tenancy: deposit return if tenant leaves suddenly
    • #1
    • 14th Sep 17, 10:27 PM
    Periodic tenancy: deposit return if tenant leaves suddenly 14th Sep 17 at 10:27 PM
    Hi,

    Tenant pays monthly in the middle of the month.

    Contracts ends and tenancy is on a periodic basis

    End of month tenant emails saying they are leaving with immediate effect, does so and drops keys off with agent. This is 2weeks after last payment

    Need to know how much deposit is returned

    Is the email effectively 1 months notice. Tenant has paid existing month in advance and only 1/2 month remaining to be claimed from deposit

    Alternatively; tenant needs to give 1 months notice at correct time and therefore owes landlord a full months rent?

    Ta
Page 1
    • G_M
    • By G_M 15th Sep 17, 12:22 AM
    • 41,076 Posts
    • 47,198 Thanks
    G_M
    • #2
    • 15th Sep 17, 12:22 AM
    • #2
    • 15th Sep 17, 12:22 AM
    Please specify:

    * the country where the property is sited
    * the frequency of rent payments
    * the start and end dates of each period
    * whether this is a Contractual or Statutory Periodic Tenancy
    * If Contractual, exact wording in contract regarding notice
    * the exact dates covered by rent already received
    * the exact date notice was effectively served
    * whether you have agreed to end the tenancy/accepted the 'notice'
    * and if you wish to be really legalistic, whether the contract permits notice by email. Of course, raising this could mean notice has not been served at all and you have no right to enter the property as the tenancy has not ended.......

    Also read:

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
    Last edited by G_M; 15-09-2017 at 12:27 AM.
    • phillw
    • By phillw 15th Sep 17, 9:26 AM
    • 811 Posts
    • 402 Thanks
    phillw
    • #3
    • 15th Sep 17, 9:26 AM
    • #3
    • 15th Sep 17, 9:26 AM
    Is the email effectively 1 months notice. Tenant has paid existing month in advance and only 1/2 month remaining to be claimed from deposit

    Alternatively; tenant needs to give 1 months notice at correct time and therefore owes landlord a full months rent?
    Originally posted by tired dad
    It depends on the wording in the tenancy agreement & how much hassle you want to go through.

    It's possible that the tenant hasn't acted to the letter of the tenancy agreement, but you also need to try to mitigate your losses and get another tenant in. It then wouldn't be reasonable to expect the tenant to pay rent when someone else is in the property also paying rent.

    In my opinion, the more reasonably you act the more likely it is that they will pay it. If you're unreasonable then they might try their luck getting sympathy in court.
    Last edited by phillw; 15-09-2017 at 9:37 AM.
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