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Tenant being awkward

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Comments

  • pimento
    pimento Posts: 6,243 Forumite
    Part of the Furniture 1,000 Posts
    Might your tenant be witholding the final months rent in lieu of her deposit? Might she think there's a danger she won't get it all back?
    "If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair
  • BigAunty
    BigAunty Posts: 8,310 Forumite
    1,000 Posts Combo Breaker
    I may have misremembered but I recall a landlord asking on the landlordzone forum if the fact that their tenant served notice meant they could proceed with court action straight away but they were told the notice is worthless - ultimately a landlord has only two options, waiting for the tenants to leave of their own volition or gaining possession through the courts. Don't rely on my memory, though.
  • theartfullodger
    theartfullodger Posts: 15,840 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    AIUI any notice served by tenant during fixed term has no bearing once the periodic tenancies start: And only have any bearing in fixed term if there is a valid break clause: Tenant can leave by end of fixed term with no notice at all (albeit some notice would be polite...)

    Cheers!
  • Tiglet
    Tiglet Posts: 405 Forumite
    Part of the Furniture Combo Breaker
    theartfullodger wrote: »
    The issue is,

    a) Was it protected within 30 days of being received..
    b) Has the PI (Prescribed info) been served??

    If no to either S21 will be invalid.

    Have you done any training in how to be a landlord?? LL assocs run useful courses.. and also in how to operate with an "agent"

    Cheers!
    It very probably has. I was given the paperwork at the start of the tenancy, but I don't have it to hand at the moment.

    Thanks for the advice re courses.
    pimento wrote: »
    Might your tenant be witholding the final months rent in lieu of her deposit? Might she think there's a danger she won't get it all back?
    This is what I thought. It would have explained the amount she withheld in October, but she didn't pay anything this month.

    When I've visited the flat, I got the impression she was looking after the place quite well so, unless there are specific things that have been damaged, I wouldn't have thought it would have been a concern.

    Is there anything that can be done to protect against this? If tenants can just withhold rent to guarantee getting their deposit back, it defeats the purpose of deposits completely.
  • ACG
    ACG Posts: 24,762 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    I cant offer any proper advice but even if the tenant started paying rent on time you do not want them in your property.

    I would just start proceedings to get them out.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • theartfullodger
    theartfullodger Posts: 15,840 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 5 December 2013 at 5:52PM
    Tiglet wrote: »
    It very probably has. I was given the paperwork at the start of the tenancy, but I don't have it to hand at the moment.

    ...
    ...

    Sigh!

    If you were given paperwork "at the start if the tenancy" that was almost certainly before the deposit was protected & irrelevant; You need to demand proof of both timing of protection & service of PI from your agent (or sack them..)

    Cheers!
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    Tiglet wrote: »
    When I've visited the flat, I got the impression she was looking after the place quite well so, unless there are specific things that have been damaged, I wouldn't have thought it would have been a concern.

    Is there anything that can be done to protect against this? If tenants can just withhold rent to guarantee getting their deposit back, it defeats the purpose of deposits completely.
    My take on it is that she is probably not out to do you down. She probably has not been given the PI and is not confident her deposit has been protected, so she is holding on to her rent to minimize her feared losses.

    It might be an idea to get to the bottom of whether the deposit has been done by the book.
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • Tiglet
    Tiglet Posts: 405 Forumite
    Part of the Furniture Combo Breaker
    ValHaller wrote: »
    My take on it is that she is probably not out to do you down. She probably has not been given the PI and is not confident her deposit has been protected, so she is holding on to her rent to minimize her feared losses.

    It might be an idea to get to the bottom of whether the deposit has been done by the book.

    She was given the PI along with the tenancy agreement. I'm trying to find out from the agent what exactly happened, and when, with the deposit.
  • dominoman
    dominoman Posts: 973 Forumite
    Ninth Anniversary 500 Posts Combo Breaker
    You could try speaking to her personally.

    Go in on the basis in your own mind that she is not trying to do anything wrong. You will probably find she is very reasonable and there has just been a delay somewhere.

    Do everything you can to stay on the right side of your tenant. It is much much easier in the end - even if she is in the wrong.
  • Tiglet
    Tiglet Posts: 405 Forumite
    Part of the Furniture Combo Breaker
    Yes, I think that's the approach I'll take.

    For reasons I haven't mentioned here, it's the agent that's the main problem. But the rent drying up is just another worry I can do without.

    I've asked the agent to take it off the market. That way I can at least deal with things one step at a time.
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