Tenants done a runner, small claims worth it?

Showboat

They are 21 days overdue with the rent, i entered the property 3 days ago and found letters from virgin and the electric company confirming they were leaving and similar letters from both asking for the new tenants to contact them.

lizzielondon

you say they left 2 months before the agreement was due to end- you haven't inserted a clause in the ast saying they have to give 2 months notice after the fixed term ended have you?

Showboat

No, didnt put anything like that in, i usually contact the tenant 6 weeks prior to the end of the agreement to see if they are staying on, if they are they re-sign if not then i start looking for new tenants.

Cannon_Fodder

Take the deposit, cover the first month rent loss, get it re-let to mitigate your losses - as a court will expect you to do - and put it down to experience.

The very fact you never protected the deposit, has left them able to do this. If you had protected it, they'd never have the 3x to counter your claim.

They could even be posters on MSE, who asked "should we not pay last rent, as the landlord has not protected deposit and we are worried he might not give it back to us"...

StudentMoneySaver

Showboat wrote: »

They are 21 days overdue with the rent, i entered the property 3 days ago and found letters from virgin and the electric company confirming they were leaving and similar letters from both asking for the new tenants to contact them.

So you not only entered the property without their consent, you also opened their mail?

<sebb>

You should read this

http://www.landlordzone.co.uk/legal/abandonment.htm

Noting

If the tenant appears to have abandoned the property, but you have no written confirmation, important points are:

• Is the rent still being paid?
• Has the tenant left the keys to the property?
• Can you contact the tenant or a relative?
• Do neighbours have any knowledge?
• Can you see through the windows if the tenant's possessions are still in the accommodation?

If the above points indicate abandonment and the property has been left in an insecure state, or you suspect internal appliances could present a danger to the property and/or neighbours, then, and only then, may you have a case for entering the premises and possibly fitting a secure lock.

tbs624

Cannon_Fodder wrote: »

..
I'd say if you haven't protected the deposit, you will end up with £0 after a tit-for-tat claim where;

- you say, you want 2 months rent and a chunk for cleaning/damage.

- they say, fine, but we want 3 months for failure to secure deposit.

Erm, 'tis effectively 4 months ( assuming deposit is simply one month's rent equivalent) as it' s the return of the deposit in full plus 3x the deposit amount as a penalty payment, plus interest plus court costs. If the OP took the standard 6 weeks worth as a deposit he's going to be even more out of pocket.

Showboat - if you've let yourself into the property without proper procedure you may be facing a charge of tenant harassment or unlawful eviction - both having the potential to land you with a hefty fine and a criminal record.

If you've been a LL for 8 years you should know better. Get yourself joined up the RLA, NLA or LLLaw and do things properly, using their helplines. (Tax deductible membership fees and reductions on LL insurance premiums)

There is something ironic in people moaning about the other party breaching their obligations whilst simultaneously ignoring their own statutory obligations as a LL. Is there anything else that you've let slip over the years?

DVardysShadow

tbs624 wrote: »

Erm, 'tis effectively 4 months ( assuming deposit is simply one month's rent equivalent) as it' s the return of the deposit in full plus 3x the deposit amount as a penalty payment, plus interest plus court costs. If the OP took the standard 6 weeks worth as a deposit he's going to be even more out of pocket.

Brilliant scenario for other tenants to follow to stitch up the LL if he has not protected the deposit.

tbs624

Showboat wrote: »

I did not protect the deposit in a scheme, i know there is a risk i could be hit by the x3 charge for not protecting it, as i say i have been getting lax. I will be looking to do it this year and pass the fee onto the new tenants via an admin charge.

My underlining - there are 3 Schemes Showboat and quite simply one of them is free to use. You as the LL are legally obliged to use a Scheme - if you choose one that levies a fee why do you think that you should pass that fee on to the T? It is not the T who chooses which of the schemes is used and you can of course set such a fee against your rental profits (assuming you do declare to HMRC)

Showboat wrote: »

If it had been in a deposit scheme, would i not have been able to withdraw it by now as they have done a runner, .

Of what relevance is this? It isn't in a scheme is it, because you failed in your legal obligations.

Do tenants a favour and sell up.

madeupname1

The accepted view on the LLZone website seems to be that if you protect the deposit at any time prior to a court hearing, the tenants wont be successful in their claim for 3x the deposit. Obviously, seeking to pursue the tenants because they have failed to comply with their contractual obligations is not a good idea since you appear to have failed to comply with many of yours.