Ex landlord problems

debbiedoo

Hi, I hope you can give me some advice. My son and his girlfriend rented a property at the beginning of Sept last year. They only stayed in the property 6 days - I withdrew my guarator status because of the high crime in the area. My son also has a mental health condition which was seriously exacerbated by the "neighbours" down the terrace where they had rented this house. When I withdrew my guarantee the landlord and the landlords agents were acceptable to them vacating the property as they both required a guarantor. 6 days after moving in they moved out. They had paid everything up front, a deposit, a months rent in advance and all the administration fees. 5 months down the line we are still trying to have the security deposit returned - the landlord stated she was owed it as she had "to have the locks changed" - my son handed over the keys on day 6 of the tenancy as they were packed and leaving and in front of a witness. The landlord had shown up earlier that day - totally unannounced and with no prior warning such as a text or phone call -with 3 very large men who proceeded to intimidate my son and his girlfriend as they were leaving the property. They also have a witness to this. Every time my son tried to have the deposit returned via the DPS, she refused. We have now received a "notice" from the DPS resolution service in which she makes a statutory declaration that there are "rent arrears owing and the deposit should be retained by her for payment of these." There were no rent arrears - she had already received a months rent from them and was showing the house to two more prospective tenants on the day my son moved out - these tenants moved in within a few days of my son and his partner leaving the premises - we have witnesses to this too - so there were no rent arrears at all - in fact she received two months rent for the month of September causing no financial loss to herself.

BitterAndTwisted

Did they sign a tenancy agreement for a fixed-term AST?

By what means did you manage to "withdraw" this alleged guarantee?

Did the landlord agree IN WRITING to release them from their contract?

I'm quite surprised that the landlord isn't looking for more than just their deposit from them. If they are, they are likely getting off quite lightly.

G_M

debbiedoo wrote: »

My son and his girlfriend rented a property at the beginning of Sept last year.
I assume they signed a contract. For how long? 6 months? 12?

They only stayed in the property 6 days
So they broke their contract?
Or did the landlord agree to an 'Early Surrender'? If yes, was it in writing? What were the conditions?

- I withdrew my guarator status because of the high crime in the area.
How? You cannot just 'withdraw' status. If you signed a Guarantee Deed, you are legally bound by that.
My son also has a mental health condition which was seriously exacerbated by the "neighbours" down the terrace where they had rented this house.
Irrelevant from a legal/tenancy point of view

When I withdrew my guarantee the landlord and the landlords agents were acceptable to them vacating the property as they both required a guarantor.
So what exctly did the LL agree?
Do you and tenants have it in writing?

6 days after moving in they moved out. They had paid everything up front, a deposit, a months rent in advance and all the administration fees.
OK - was this what was agreed, and confirmed in writing, as the basis for 'Early Surrender'?

5 months down the line we are still trying to have the security deposit returned - the landlord stated she was owed it as she had "to have the locks changed"
Locks are not a reason to withold the deposit

- my son handed over the keys on day 6 of the tenancy as they were packed and leaving and in front of a witness. The landlord had shown up earlier that day - totally unannounced and with no prior warning such as a text or phone call
If as you say there had been agreement about ending the tenancy early (was there? On what condiions?) then it is natural for the LL to come.

-with 3 very large men who proceeded to intimidate my son and his girlfriend as they were leaving the property. They also have a witness to this.
That's bad. Intimidate how?

Every time my son tried to have the deposit returned via the DPS, she refused. We have now received a "notice" from the DPS resolution service in which she makes a statutory declaration that there are "rent arrears owing and the deposit should be retained by her for payment of these."
Has LL said how much arrears?

There were no rent arrears - she had already received a months rent from them
Depends what was agreed about 'Early Surrender'. Hence my Qs above. Basically the tenant owes rent for 6 months (or 12, whatever) unless agreed otherwise.

and was showing the house to two more prospective tenants on the day my son moved out - these tenants moved in within a few days of my son and his partner leaving the premises - we have witnesses to this too - so there were no rent arrears at all - in fact she received two months rent for the month of September causing no financial loss to herself.

If a condition of the Early Surrender was payment of a 2nd months rent (or cash equivelant, then that is what is owed.

But until you answer the Qs it is impossibe to answer.