DPS and non payment of last months rent by tenant

dontneedtheheadache

1st time here!

I've googled all day (and searched here!) and really can't find the answer so hope someone can possibly help.

Long story short...

Tenants have always (1.5 years) been bad about paying rent so we gave them 2 months notice.
This allowed until 15th July but they vacated yesterday (3rd July)

They still owe £200 from May and nothing has been paid for June (rent due on the 8th of each month)

The deposit is held in the DPS.

Would we be likely to get the deposit back ourselves if we allow the DSP to arbitrate for non payment of rent.

Also the place is like a bomb site, so much junk left, totally and utterly filthy (and I truly mean filthy) and punch marks in a wall!

Any help much appreciated, thanks

clutton_2

y9u need to prepare a schedule of rent for the whole tenancy.. showing date rent due, date paid, how much due, how much paid and arrears cumulatively.....

DPS should agree this... but no promises... is there something in your AST as to what the deposit is to be used for

dont forget to send your AST to the DPS dispute team

i would include as much evidence as you can as to how you tried to get the arrears paid.. letters (along with proof of service)

and if there are any additional funds over for repairs submit receipts... otherwise sue the ex tenant for repairs bill

dontneedtheheadache

Thanks for all that but just one thing (which the Estate Agent that found them assures us isn't a problem) is that their tenancy ended in Nov. 09 and they still continued staying there til now. We don't have a renewed agreement :0(

Annisele

dontneedtheheadache wrote: »

Thanks for all that but just one thing (which the Estate Agent that found them assures us isn't a problem) is that their tenancy ended in Nov. 09 and they still continued staying there til now. We don't have a renewed agreement :0(

In that case it sounds as though their tenancy didn't end in November 09 - the fixed term came to an end, sure, but that doesn't kill the tenancy. They would have gone on to a periodic tenancy. The terms of the AST stay the same (other than as to notice to end the tenancy).

BitterAndTwisted

It isn't a problem: they went from an AST onto what is known as a rolling, periodic tenancy. Get written quotes for the junk clearing, cleaning and repairs needed and take photographs of all of the damage. Did your tenants sign an inventory when they moved in?