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

BitterAndTwisted

I think one of the reasons why your Chinese tenants didn't pay the past month's rent was most probably because you they won't have access to their UK bank accounts once they've got back home. This also means that they won't necessarily be interested in fighting with you for the balance of the deposit.

You need to get those illegals out of your property forthwith before you've got dozens of them in there.

tygr

I presume I have to itemise everything on the claim to the deposit protection scheme though? I might call them again tomorrow and see what they advise.

They've already told me that they can pay money back into an overseas bank account, for an admin fee, that they take out of the T's part of the deposit. Whether China is different than other countries I don't know.

thegirlintheattic

Doubt the university will do anything more than have a word, as far as I understand it they cannot refuse graduation on the grounds of private debt, at my last university they couldn't even refuse graduation if you hadn't paid your rent in halls, it had to be "academic debt".

tygr

University is a red herring. They're back in China. It's October! He graduated in the summer.

I just need to know what I am allowed to retain deposit monies for and as much as I'm angry with him and would like to be compensated for that fact, anger isn't something you can retain deposits for. If it was, you'd have claims and counter claims all over the place.

As many have said, I'm glad to be shot of him. Just want to get it all wrapped up quickly and my money back and everyone living in the property covered by all the right paperwork.

debrag

tygr wrote: »

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.

So he does actually have the rent just not to pay you with.

tygr

I spoke to a friend who's a letting agent and the answer is that the landlord can only retain the deposit for things that the tenancy agreement specifies the deposit can be used for.

I'm covered because the tenancy agreement states the deposit can be used for rent arrears, damages, cleaning and reasonable costs to remedy breaches of tenant's obligations so I'll add it all up and see whether there's anything left.

skater_kat

how are you going to get the new sub tenants out?

tygr

skater_kat wrote: »

how are you going to get the new sub tenants out?

The first one is having a full tenant check with 2 friends and all being well, they will sign a new tenancy agreement and become the new tenants. If they fail the tenant check, I'll have to think again. Fingers crossed they won't. I have his email address and phone number so I'm in close contact with him and I think I can trust him to go if needs be.

The second is more tricky as I have had absolutely no contact with him so all I've heard is second/third hand. According to subtenant 1, he's planning to move out next week anyway. I thought about writing to the property addressed to all occupants and stating a date by which they have to vacate. And maybe asking him to call me to confirm when he's going? So at least I've done something. But I don't know if that's the right way to deal with it. My parents are also on standby to go round and make sure he goes.

It's also causing headaches with organising the end of tenancy cleaning because it's going to be harder for the cleaners to clean around people and their belongings but I really want it done before the new tenancy starts so I can set the standards of cleanliness I expect.

I'm taking it one step at a time. Will feel much happier when the tenant checks come back.