Tenant refusing to pay last month's rent. Update: sublets & retaining deposit

pimento

A foreign student going home at the end of their visa? Well I never!

anselld

You should not really use the single claims process unless the lead tenant is not contactable, it will just complicate the issue.

I agree with G_M - better to wait till the end and (hopefully) reach mutual agreement on return of the correct amount to you to cover outstanding rent and any damages, etc.

tygr

I decided to arrange an inspection before the end of the tenancy and I'm glad I did!

As well as owing me a month's rent and needing a thorough clean, which he wants me to organise again via the deposit, I also discovered an unauthorised subtenant (not sure whether he technically meets the definition but he's been paying my tenant to rent a room - my tenant was living in a completely different city - and I knew nothing about it).

Tenant has left early to go back to China and I am vetting this guy to potentially move in officially.

I am furious about it to say the least.

So, to whoever it was that said, I am glad I asked to visit. Just wish now that I'd asked a few more questions on other visits.

mynameisdave

Its probably not likely to get anywhere as it is a private debt, but most universities do not allow a student to graduate if they owe the institution money.

If you could prove that they owed you money in relation to a debt tied to their study they might have a code of conduct they could enact.

Annoying local LL's is not of interest to academic institutions if they want their students to have somewhere to stay.

property.advert

Fairly routine to get advance rent for foreign students. The same goes when renting overseas property you own to people who do not reside in that country. No-way would you run the risk of being left with no rent.

tygr

The money hasn't been an issue. They paid 2 months in advance, paid on time every month after that until right at the end when he decided that he would prefer me to keep the deposit than him pay the rent or sort out the cleaning.

TBH, I'm more cross that some random guy has been living in my property and neither my mortgage company or my insurers have been informed because I wasn't informed!

missile

It may not be correct, but it seems you have little alternative.

I would be glad to be shot of this tenant and think I was fortunate to have a replacement = job done?

You have had a lucky "escape". Some may not pay the rent then trash your property before they leave. This could cost you far more than their deposit.

kk20

TBH this isnt too bad. You havent lost out and learnt a lesson of "more visits". The place wasnt trashed, your deposit covered the rent + expenses. All in all I would say a result (a little paperwork and heartache on your part maybe).

As someone else has said, a few letters to the university may come up with the money too - they may well have a code of conduct as stated earlier. worth a shot for a few letters.

cooltt

OP
I think they've made it clear what their intentions are. Take the deposit and wave them goodbye, lesson learned.

Also as others have said this is all down to agencies and scum Land Lords trying every dirty trick in the book to keep the deposit when you move out so thank your fellow land lords for the pickle your in. Some not all of course.

tygr

My parents went round today to a) take some photos for me to prove that the property wasn't left clean so that I can use them if the tenant disputes retaining part of the deposit for cleaning and b) collect the keys that the tenants left behind.

Low and behold, they find out via the guy that I'm vetting to take on a new tenancy that there is yet another person I didn't know about living in the property! He doesn't know anything about him - not even his name, only that he's been there "a few weeks" and has a set of keys.

OMG. Bear in mind the two tenants that are named on the tenancy agreement and credit checked etc are now back in China and the two people living in the house were completely unknown to me less than a week ago and one no-one has met but the first subtenant. My parents are going to visit again to make sure he leaves. He wasn't there at the time. They've both paid up until 8th November - but paid the tenant obviously - not me - I haven't had any rent this month at all. I don't mind if they stay until 8 November but no longer, unless I get a new agreement with the first.

I am fed up now and do not want my original tenants to get any of their deposit back. Are there any grounds to legally retain money based on the fact that they sublet without permission - twice - and didn't tell me, even after they'd vacated? Can I claim for my parents' time and petrol in making additional visits. Can I claim for emotional distress?! (only half joking).

They owe me for rent, gardening and cleaning. My mum says that there's a stain on the carpet but we're hoping that will come out ok in the cleaning. So there would only be about £200 left in the deposit anyway.

As I've said before, I am not an unreasonable person but I don't appreciate being lied to and mucked around like this.