Tenant issues

airbornerob

Hello my tenant should have vacated on 15 May end tenancy agreement but remained had a new tenant due move in on 25 May 13 and has signed contracts etc lady was informed by letting agents she would not be moving in as this tenant will take months to remove. Lady was happy wait I never gave any permission as away on holiday tenant has now gone, new tenant has found else where due advice from letting agent, can I use bond from my tenant who caused this to pay for any short fall or do I seek money off letting agents . Whilst property is empty.

sandsni

AFAIK you can use the deposit to cover unpaid rent (so you could take a portion to cover the 10 days extra rent), but I would doubt if you can claim anything for losing the prospective tenant.

I would also doubt if the LA is liable for your previous tenant not moving out when you hoped they would.

Void periods are one of the joys of letting property and sometimes you just have to suck it up.

Werdnal

When you say the tenant was due to vacate, who gave notice to whom? Did tenant give notice to you/agent that they were planning to leave OR did you/your agent give notice to the tenant?

What made you think that tenant would definately leave on the date you expected?

ViolaLass

airbornerob wrote: »

Hello my tenant should have vacated on 15 May end tenancy agreement but remained had a new tenant due move in on 25 May 13 and has signed contracts etc lady was informed by letting agents she would not be moving in as this tenant will take months to remove. Lady was happy wait I never gave any permission as away on holiday tenant has now gone, new tenant has found else where due advice from letting agent, can I use bond from my tenant who caused this to pay for any short fall or do I seek money off letting agents . Whilst property is empty.

Permission for what? For getting rid of the tenant? Isn't that what you wanted?

G_M

airbornerob wrote: »

Hello my tenant should have vacated on 15 May end tenancy agreement
Do you mean this was the endof the original Fixed Term? That is not the same as the end of the tenancy. No obligation on tenant to leave!

Or had the tenant served you Notice? If so, when? and what were theTenancy Periods (if Periodic)?

Or had you served Notice (ie S21?)? Again, no obligation on tenant to leave.

Your mistake was to sign a new tenancy before the old one was ended.

but remained had a new tenant due move in on 25 May 13 and has signed contracts etc
mistake
lady was informed by letting agents she would not be moving in as this tenant will take months to remove.
correct
Lady was happy wait
Good
I never gave any permission as away on holiday
permission for what?
tenant has now gone,
When? What Notice didthey give if any (see Qs above)
new tenant has found else where due advice from letting agent,
I don't blame her- or the agent!
can I use bond from my tenant who caused this to pay for any short fall
it depends on theanswers you give to my Questions about
* the tenancy type/dates
* the Notice
or do I seek money off letting agents
No
. Whilst property is empty.

As Werdnall says, you need to explain further.

Also read:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)