Tenant left house - has rent arrears and the place is a mess...

moneybunny123

My tenant was given two months notice (as per the Tenancy Agreement) on 4th May. She has left today and I only discovered this because I contacted her yesterday to ask where LAST months rent was. (She has, for a long time, paid rent one month in arrears rather than in advance, but to be honest I was always glad that I at least got paid - albeit a month late, so I never gave her a hard time over this. I've issued receipts and she's always signed them off - so I have proof that she's a month behind in rent).

Last month (the day I issued her notice), she was short on her rent and only paid half. So now, she owes me a month and a half's rent (and that's if I choose to ignore the fact that she's in breach of our Tenancy Agreement by leaving one month early, without notice as she would owe another month on top of that - the forthcoming month that she has chosen not to live there).

Anyway, she has "promised" to pay what she owes and has suggested I keep all the deposit (which doesn't quite cover the rent that is still owed). However, I've been in the house today and it is a pig sty! The Tenancy Agreement states that she must have the place professionally cleaned before she leaves (she hasn't), and the inventory states "magnolia cream walls" (many aren't, as she's redecorated whilst living there). There are holes in the walls where she's hung shelves, etc. The garden is overgrown, despite the Tenancy Agreement stating that it must be kept tidy, and the place just generally looks a mess. There is still some belongings of hers there too, in the garage, which she has promised to move.

Realistically, what can I charge her for having to clean/redecorate?

I've always been very amicable with her (silly really, as my good-heartedness has now cost me dear) and I would have been happy to overlook the cleaning/redecorating costs had she have paid her rent to date and not tried to sneak off (as I said, I only knew she'd left today as she came clean when I asked her where the rent was and she told me that it was a "difficult time" for her and she couldn't afford to pay me as she'd had to pay 2 months rent up-front on her new place and that she'd now moved out with the exception of having to go back and tidy up and throw out some things). I just feel like she's tried to shaft me, and I can't afford for her to do that. I just want what I'm owed.

I intend to write to her to tell her she has 24 hours to respond to me with a plan of how and when she intends to repay the money, or I will go through the courts. Is this sensible?

Thanks in advance.

BitterAndTwisted

She hasn't tried to shaft you, she has! But, trying to see the other side, it's not difficult to understand how, if someone has no savings, they have neglected to pay the rent due to you in order to have the money to move on. Which is what you obviously wanted since you served her notice.

Get a couple of firms in to give you quotes for the cleaning and redecorating and claim her deposit through whichever scheme you used. Then chase her through the courts for the balance if you think it will be worth it.

In order to avoid some of the problems you are facing in future tenancies you should very seriously consider having periodic inspections carried out. This would have picked up the redecorating and damage issues.

Werdnal

I think it is always looked on favourably by the courts if you have evidence that you have contacted the tenant and tried to sort the issued amicably first, so a letter to the tenant is a good idea. I would get someone to give you quotes for the work, as if a court case is necessary it is sometimes difficult to prove the costs for your time and labour, but receipts from professionals are more likely to be accepted.

Get prices for the work, and submit this all with the letter to your T. If they do not respond, or tell you to stick it where the sun don't shine, you have proof that you have contacted them, and can send this with your court papers.

However, something of more concern to me, as that you say the tenant has left one month early. Have you anything in writing to prove she has gone and surrendered the tenancy? If not, and you have now entered the property, she may yet counterclaim that she hadn't officially left yet.

taxsaver

moneybunny123 wrote: »

There is still some belongings of hers there too, in the garage, which she has promised to move.

I only knew she'd left today as she came clean when I asked her where the rent was and she told me that it was a "difficult time" for her and she couldn't afford to pay me as she'd had to pay 2 months rent up-front on her new place and that she'd now moved out with the exception of having to go back and tidy up and throw out some things

Be careful, be very, very careful. She has left belongings which she has stated that she intends to return to collect.... this can be evidence that she has not 'vacated' yet. She has also stated that she intends to tidy up... which could mean a thorough clean (I accept this is unlikely). I suggest you speak to her to try to confirm when she'll be returning and then have with you something for her to sign stating that she has surrendered the property to you. It would also be useful to get her new address 'so that you can forward her mail'.

I don't think you can yet make any proper plans, not until you clearly know her intentions.

moneybunny123

Ok, all of this advice is as I thought. I intend to get some quotes tomorrow from cleaning/decorating companies, and I intend to write her a very amicable letter explaining what I feel she owes, and asking her intentions on how/when she will pay.

BitterandTwisted - I had made regular inspections. She had a lot of belongings and it was difficult to see the mess and dirt under it all (don't get me wrong, she has two young children, so who doesn't have a lot of belongings if this is the case?) I knew she'd redecorated, and had no problem with that - but I fully expected her to return it to magnolia when she was given notice - either that, or expect to be charged for it by me. There will be no future tenancies as I intend to live in the house myself. As I said in my original post, I'd have overlooked the decoration aspect, knowing full well I'd be redecorating it to my own standards/taste when I moved in - I just feel so angry now that she's tried to leave without notice and without settling her debts.

As for her leaving, she has promised to "text me" when she's been in to make a final clean and will post the keys through the letterbox. I only turned up at the property today (with my own key) because she had pretty much told me (in a text message) that she'd have left by the time I arrived (she clearly hadn't).

I will make sure I have in writing from her when she has surrendered the property.

As for asking for her new address, I doubt she'd give it to me. But I do have a telephone number for the company that rang me to get a verbal reference AND i know where she works. I also know roughly the area in which she's now living, and know a lot of other people that live there too, so it wouldn't take much investigation to discover her new address.

Werdnal

If she has not handed back her keys then you should not have entered the property - especially as she was not present. She has obviously not officially surrendered the tenancy yet, so you have no right to just walk in, even if you had been told she should have left by today. The fact that she still has possessions in the property and holds keys means her tenancy is still valid, regardless of how much money she owes you. Please be careful not to fall into the trap of a counterclaim for unlawful entry, illegal eviction or harrassing the tenant.

taxsaver

To where will you be sending your amicable letter?

moneybunny123

taxsaver wrote: »

To where will you be sending your amicable letter?

I was going to email her.

I appreciate what you're saying about unlawful entry - to be completely honest, I thought she'd left as she text me saying she had, and I told her that I had a spare key.

As I said, she's not living there and I have a text message from her saying that she's not been there for a week! I know she doesn't have insurance, so really should she be leaving the place empty without even telling me?

Hammyman

moneybunny123 wrote: »

As I said, she's not living there and I have a text message from her saying that she's not been there for a week! I know she doesn't have insurance, so really should she be leaving the place empty without even telling me?

I went on holiday with my family. We were away for a whole fortnight. Does that give you the right to enter our home?

moneybunny123

Fairplay, I get your point Hammyman. However, isn't the law an <expletive for bottom>!!!?!! Why is the law so firmly on the tenants side when she has been in breach of HER side of the contract in SO many ways. No rent, late rent, place in a mess, etc, etc

jamie11

When you come to applying the deposit for what is owed make sure you use it for repairing the damages first. It's a lot easier to get an order for unpaid rent than to have to prove every scratch you've charged for.