Tenant problem with a twist!!

Gwhiz

Don't think this thread has gone quite the way the OP had hoped

Will they be back?

tbs624

theartfullodger wrote: »

Indeed, entirely agree.

Join a LL association (NLA or RLA) and go on a course e.g.
http://www.rla.org.uk/landlord/courses/course1.shtml

Although it was of course the RLA who had to hurriedly re-word their own advice to their members on the whole "advance rent" issue

franklee

Babycreature wrote: »

No deposit was taken and it says so on the rental agreement. "Landlord agrees not to take a deposit".

Babycreature wrote: »

They changed their mind on everything that was agreed when I asked for some of the damage to be put right before I could refund them their month in advance rent back.

If you treat this money like a deposit by withholding it while they repair then surely it's a deposit?

Also if you want them to put right then they want to retain control of access, having your workmen in there while they are responsible for repair and cleaning isn't practical as your workmen will be causing dirt etc.

You may think all was agreed in writing but then after that you've muddied the waters both by treating advance rent as a deposit and wanting them to repair and clean at the same time as your working in the property and your treating it as after they've given up possession. If you want full access to repair/work then they should not be charged rent for those days. Or of they are cleaning and putting right then they pay rent but you don't have access. One or the other.

dizziblonde

franklee wrote: »

Also if you want them to put right then they want to retain control of access, having your workmen in there while they are responsible for repair and cleaning isn't practical as your workmen will be causing dirt etc.

This as well - there was no way we were allowing access for the couple of days at the end of the tenancy after we'd paid to have the carpet cleaners in! No way am I paying out to make sure I get my deposit back only for half the planet to clomp over the carpet I've just had slurped clean... one reason that we left our own massive clean up to the absolute last minute really (well apart from us cheating and inviting the mother in law down to clean the kitchen )

You need to have at least a couple of day's gap between tenants if you're going to want stuff done really - otherwise it ain't fair on either the incoming or outgoing folks because, however you may view the place, it is their HOME while they're renting there.

lynzpower

Id love to know what the tenants would say if the OP now protected thier "months rent in advance" in a tenancy deposit scheme at this late stage. When little babycreature calls the tenants ( or maybe a text would do?) to let them know which scheme the money is in and so forth- could you imagine the ramifications. I too would hit the roof.

I would expect that tenants would have a papertrail that said its "rent in advance" and amateur landlord decides to shift the goal posts after they are in process of vacating- just so that OP can make some deductions for oil on the driveway and the like.

triple sigh

darkpool

Babycreature wrote: »

Tried to seek advise but all I received was comments on how unproffesional I was, hope I get nicked, etc etc. I thought this was a supportive sight. Cheers folks, I will make sure I don't come back again and leave you all to your devices.

The OP edited his first post! I hope the tenant gets some weedkiller and writes a rude word in the lawn before they leave.

tbs624

OPs edited first post:

Babycreature wrote: »

Tried to seek advise but all I received was comments on how unproffesional I was, hope I get nicked, etc etc. I thought this was a supportive sight. Cheers folks, I will make sure I don't come back again and leave you all to your devices.

No, OP you got clear suggestions about what to do, the best summary of which was Slyracoon's post.

Babycreature wrote: »

Thanks everyone for all the opinions. I am being made to feel like I'm the bad guy here.

Firstly, I did not take a deposit. Just two months rent in advance.

and

Babycreature wrote: »

No deposit was taken and it says so on the rental agreement. "Landlord agrees not to take a deposit".

OP was seekin to make the return of the "advance rent" subject to settlement of dilapidations . Therefore money cannot be advance rent but was a tenancy deposit and thus it should have been scheme registered and the prescribed info passed to the Ts.

Inventory exists with all items graded by estate agent. Items damaged was due to negligence not wear and tear. Never any history of ill feeling with current tenant. I merely refused to hand over the months rent in advance when they moved out. The agreement was to give this money back plus pro rata days on the day the new tenants moved in. I just can't see the point of holding on to a property that they no longer need or use. My original point was asking for advise of wether I could re-enter the property, having given reasonable notice to the current tenants to effect repairs. If permission is withheld, on what reasonable grounds. .

Ts have current tenancy until the expiry date - if they refuse access for repair work then the only option is for the LL to seek a court order or wait until the formal expiry date. If T chooses not to accept LL offer of partial rent refund in return for earlier surrender then that is their prerogative. Their reluctance is understandable if LL playing was playing hardball over the return of what had been agreed to be "advance rent". If LL thinks the T owes him for damage then he is of course free to pursue T via small claims

Amateur LLs who try to avoid tenancy deposit regs *will* come unstuck and such behaviour *is* "unprofessional" , regardless of whether other posters comments to that effect send the OP into a tantrum.

Gwhiz

darkpool wrote: »

The OP edited his first post! I hope the tenant gets some weedkiller and writes a rude word in the lawn before they leave.

It's amazing when people do not hear what they had hoped to hear. Toys out the pram

SuzieSue

lynzpower wrote: »

Id love to know what the tenants would say if the OP now protected thier "months rent in advance" in a tenancy deposit scheme at this late stage. When little babycreature calls the tenants ( or maybe a text would do?) to let them know which scheme the money is in and so forth- could you imagine the ramifications. I too would hit the roof.

I think that I heard on Moneybox last week, that the courts have ruled that as long as the landlord puts the deposit in one of the deposit schemes before the tenancy ends, then they can't be penalised.

lynzpower

SuzieSue wrote: »

I think that I heard on Moneybox last week, that the courts have ruled that as long as the landlord puts the deposit in one of the deposit schemes before the tenancy ends, then they can't be penalised.

Yes I understand that the DEPOSIT can be protected to this late stage, but this isnt a DEPOSIT, its a months rent in advance and this has been displayed on all the OPs tenants paperwork.

Would the DPS even accept this if it is clear from the paperwork that its not a deposit, its a months advance rent? Im not sure, jsut wondering to myself!