Tenant refusing to move out until deposit returned, but flat has been damaged!

Catblue

Why do you need to be there?

Tell the tenant to hand in the keys to the letting agency. And then you can either inspect when it is convenient for you (needs to be soon though, obviously) or pay the letting agency to do it for you.

I totally agree with the agency's advice about not engaging with her - it will not end well so don't do it. Be unavailable to her this week - just tell her to hand the keys in and you will be in touch about the deposit, as stated in the contract. Do not respond to further texts or phone calls this week.

Sounds to me like she intends to move on Saturday come what may. That's why she is so keen to get the deposit back so quickly.

I do agree with the others that a paint job and maybe a replacement of some of the carpets after six years is probably reasonable on your part. You won't know until you get in there to assess the damage though.

Great that you've got new tenants lined up though. Make sure that there is a proper detailed inventory for them to sign.

jjlandlord

Wellington_B wrote: »

Her tenancy ends on Saturday as she gave me a month's notice on 7th March.

OK, good. Don't accept rent from then on and tell her that she'll be trespassing if she does not leave and that you'll be seeking a court order immediately.

Wellington_B wrote: »

The new letting agents are not acting officially until the new tenancy begins. They've been brilliant and very supportive

Well if they are brilliant I'm sure that they have told you all that, and also not to sign contract with new tenants until you're sure you'll be able to deliver the property to them on time.

Werdnal

Wellington_B wrote: »

Thanks for the suggestion of a letter first class - I think I'll send it recorded delivery!
WB

No No No - recorded delivery must be signed for. If tenant is out, they will put one of those little cards through the door telling her to collect from the sorting office. If she doesn;t collect it, it will be returned to you! Never, ever, ever send anything like this by recorded as it can sit in the sorting office for 10-14 days awaiting collection and tenant will never receive it. It is only proof of delivery if tenant actually signs for it - if she suspects its from you, she might refuse it anyway.

First class post gets dropped through the letter box even if she is out. Once you have sent it, keep proof of posting and it is deemed as having arrived 2 working days after posting!

Wellington_B

Werdnal wrote: »

No No No - recorded delivery must be signed for. If tenant is out, they will put one of those little cards through the door telling her to collect from the sorting office. If she doesn;t collect it, it will be returned to you! Never, ever, ever send anything like this by recorded as it can sit in the sorting office for 10-14 days awaiting collection and tenant will never receive it. It is only proof of delivery if tenant actually signs for it - if she suspects its from you, she might refuse it anyway.

First class post gets dropped through the letter box even if she is out. Once you have sent it, keep proof of posting and it is deemed as having arrived 2 working days after posting!

Thank-you so much, I didn't know this. This forum is brilliant, I'm learning so much.

myhouse_2

Werdnal wrote: »

First class post gets dropped through the letter box even if she is out. Once you have sent it, keep proof of posting and it is deemed as having arrived 2 working days after posting!

What proof of posting do you get if you send a letter first class?

jjlandlord

myhouse wrote: »

What proof of posting do you get if you send a letter first class?

The (free) one you ask the post office for when you send the letter?

Werdnal

myhouse wrote: »

What proof of posting do you get if you send a letter first class?

You ask for free proof of posting at the Post Office. They print a receipt and write the address you have sent the item to on it. It is considered valid proof of posting if the case goes to court. Keep it with a copy of the letter concerned.

Wellington_B

Catblue wrote: »

Why do you need to be there?

Tell the tenant to hand in the keys to the letting agency. And then you can either inspect when it is convenient for you (needs to be soon though, obviously) or pay the letting agency to do it for you.

I totally agree with the agency's advice about not engaging with her - it will not end well so don't do it. Be unavailable to her this week - just tell her to hand the keys in and you will be in touch about the deposit, as stated in the contract. Do not respond to further texts or phone calls this week.

Sounds to me like she intends to move on Saturday come what may. That's why she is so keen to get the deposit back so quickly.

I do agree with the others that a paint job and maybe a replacement of some of the carpets after six years is probably reasonable on your part. You won't know until you get in there to assess the damage though.

Great that you've got new tenants lined up though. Make sure that there is a proper detailed inventory for them to sign.

Why didn't I think of this?!! Thank-you so much, I can feel my blood pressure going back down again. I'll check with my letting agents first thing tomorrow that they're happy to have the keys, and then write to her telling her to hand the keys in to them, and I'll re-send her a copy of the contract again with the part that says about her deposit being forwarded to her highlighted. Only question, does anyone know what time a tenancy legally ends? If it's midday, then I'll know if she's handed the keys in, if it's midnight, then I won't until after the bank holiday weekend!

WB

DVardysShadow

Catblue wrote: »

Why do you need to be there?

Tell the tenant to hand in the keys to the letting agency. And then you can either inspect when it is convenient for you (needs to be soon though, obviously) or pay the letting agency to do it for you.

To be fair to the tenant, you should allow her the option of being present for the checkout. It is when the checkout is done later that tenants seem to cry foul - often with good reason. So best not to deprive her of the opportunity.

Giving the option and arranging an appointment - whether this is done by OP or the new agent - may ease her onto the slipway out of the exit door.

Wellington_B

DVardysShadow wrote: »

To be fair to the tenant, you should allow her the option of being present for the checkout. It is when the checkout is done later that tenants seem to cry foul - often with good reason. So best not to deprive her of the opportunity.

Giving the option and arranging an appointment - whether this is done by OP or the new agent - may ease her onto the slipway out of the exit door.

Thank-you, good point. I'm not out to withold money unfairly, it's not the way I do things. I know that the flat will need redecoration after six years, and I'm not expecting things to be immaculate, but I do need to check out the water damage and see if her putting laminate flooring on top of the existing wooden flooring has damaged it (and if she even removes the laminate, as she has argued against that). I just don't want to be forced into a corner and intimidated into handing over cash without time to assess the situation properly. I'll ask the new letting agents if they'll do the check-out with her, and take the additional financial hit of them doing that!