New tenant keeps delaying paying full deposit

Gladofit

Hi
I'm currently re-letting a house, tenant keeps coming up with excuses.
I want £800 up front (inc £400 deposit) on signing of contract, etc.
He delayed a week from date agreed then only had half the money till the next week.
That was Thurs last and I got a text to say it would be next Thurs.
Where do I stand legally? I would like to give him the £400 back and walk away as I have plenty of interest and have viewings ongoing. I think it would be a goodwill gesture from me if I return his money as he's cost me that in lost rent.
No contract has been signed yet.

zico_2

Hi
not sure about legally but as nothing signed, would suggest you think long and hard about this potential tenant. If he is struggling to get deposit, what happens if he hasn't got rent each month on time? Have you taken references for him? I think I would walk away, and return monies paid as a goodwill gesture, as nothing in writing don't think you would be able to keep anything for costs. Tell him the truth about why you are not going to rent to him, he may be very naive, but he may also be very manipulative! In my experience, being a landlord means you have to treat tenants as business associates, and you need to operate as such and not be the tenants "friend"! Start as you mean to continue!

VfM4meplse

Agree with zico.

The legal position would depend on whether you have let the tenant move in or not and I really hope for your sake it is not. Just rtn the cash, cut ties and be thankful for a lucky escape.

Gladofit

Oh no, he's not moved in, not till I had all money, etc.
I wasnt going to complicate matters by charging him costs, but merely saying here that I'd be sort of doing him a favour by giving him his money back and not deducting any.
Zico thats why I want to not let the house to this guy, coz he couldnt stick to several dates he promised to pay. And I agree -I dont want him to think he can manipulate me as thats not business.
I want to give the money back and leave it at that, just wanted to run it on here to make sure its sort of ok. Because he hasnt stuck to his word then I dont want to know anymore.
Thanks

clutton_2

give him his money back and walk away

Premier_2

If you're experiencing that much trouble in just being provided with the initial payment, imagine the problems you're likely to encounter in receiving the rent in future.

Give the guy his money back and consider what a lucky escape you've had.

Gladofit

Thankyou all,
I have now given the money back, and he's accepted it, as was my intention, I just wanted to know beforehand from people on this board if I was contravening anything by doing so.
Many thanks