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Tenant been given notice

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Comments

  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    Once a tenancy has ended if there are outstanding rent-payments the landlord can claim the deposit to cover them.
  • N79
    N79 Posts: 2,615 Forumite
    Aquatronixjenny wrote: »
    As far as I understand it, the deposit should only be used to pay for repairs to the property. Any overdue rent is a seperate matter and should be pursued via the small claims court?

    Please correct me if I am wrong as I'm not sure.

    You are wrong. Normally, a deposit is taken to safeguard against the Ts non-performance of the contract. Paying rent is part of the contract....
  • Rednax
    Rednax Posts: 32 Forumite
    BitterAndTwisted wrote: »
    Your tenant is fully entitled to serve you one month's notice.

    Err...no, not if she also has to give 2 months notice as a condition of the contract, which it sounds like from the OP unless it has fallen into a periodic as N79 quite rightly said.

    [/QUOTE]If she leaves the place in a mess presumably her deposit is protected so you can offset the cost of any cleaning and repairs plus her outstanding rent against it. Any balance will need to be collected via the courts in the usual way. If you can find the tenant.[/QUOTE]

    The deposit should legally have been placed in a protected scheme, so you'd have to put a dispute in with them first rather than the courts. REMEMBER TO KEEP ALL YOUR RECEIPTS for cleaning/repairs
  • moneybunny123
    moneybunny123 Posts: 538 Forumite
    The tenancy has fallen into a periodic. Her rental month starts on the 5th of every month, so she should leave on 4th July. If SHE gives ME one months notice, surely she can't do this now until 4th June, meaning she leaves on 4th July - which is exactly the same day.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    moneybunny123 wrote: »
    The tenancy has fallen into a periodic. Her rental month starts on the 5th of every month, so she should leave on 4th July. If SHE gives ME one months notice, surely she can't do this now until 4th June, meaning she leaves on 4th July - which is exactly the same day.

    Today is 4th May. It is 11.59 pm. Tenant has one minute to give you notice to leave on 4th June!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    moneybunny123 wrote: »
    The tenancy has fallen into a periodic. Her rental month starts on the 5th of every month, so she should leave on 4th July. If SHE gives ME one months notice, surely she can't do this now until 4th June, meaning she leaves on 4th July - which is exactly the same day.
    NOW you are correct!
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    moneybunny123 wrote: »
    The tenancy has fallen into a periodic. Her rental month starts on the 5th of every month, so she should leave on 4th July. If SHE gives ME one months notice, surely she can't do this now until 4th June, meaning she leaves on 4th July - which is exactly the same day.
    Yes but if say she finds somewhere and wants to leave say three weeks early and you refuse then be prepared that she may have to find somewhere else which may mean she overshoots your date forcing you to court action for possession which can be time consuming. If you want the property back on time then giving a bit on your side may well be worthwhile for both of you :)
This discussion has been closed.
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