Can I terminate my tenant's tenancy early for having an unauthorised pet?

RuthnJasper

higgledypiggledy_pop wrote: »

The whereabouts of the tenants' deposit is not currently clear but I am attempting to sort this out.

Surely, as you stated earlier in the thread, your letting agent has the deposit?


Your post #24 on this thread:

higgledypiggledy_pop wrote:

Yes I rented through an agency and they dealt with the deposit.

I'm struggling to understand this now, if it is true. Not saying it isn't, but it doesn't seem very professional.

wantonnoodle

RuthnJasper wrote: »

Surely, as you stated earlier in the thread, your letting agent has the deposit?


Your post #24 on this thread:



I'm struggling to understand this now, if it is true. Not saying it isn't, but it doesn't seem very professional.

In the intervening pages it has developed that the "agent" has apparently vanished with the deposit and is uncontactable by the OP. So if s/he doesn't know where the agent is, chances they don't know where the deposit is.

leslieknope

it doesn't matter who physically has the money. if the tenants leave, either at the end of tenancy or as an agreement to terminate early, you have to give them back that money whether you have it or not.

stop focusing on the dog and FOCUS on YOUR legal issues

the dog is not the issue. and STOP harrassing your tenants.

HB58

leslieknope wrote: »

it doesn't matter who physically has the money. if the tenants leave, either at the end of tenancy or as an agreement to terminate early, you have to give them back that money whether you have it or not.

stop focusing on the dog and FOCUS on YOUR legal issues

the dog is not the issue. and STOP harrassing your tenants.

Furthermore, the money must be returned to the tenants before OP could give them proper notice and/or start proceedings to remove them.

higgledypiggledy_pop

HB58 wrote: »

Furthermore, the money must be returned to the tenants before OP could give them proper notice and/or start proceedings to remove them.

That is not right, my solicitor says that deposits are normally held until tenants vacate and the property is inspected. The purpose of the deposit is to be redeemed against any damages etc which one cannot properly assess until the end of the tenancy.

00ec25

higgledypiggledy_pop wrote: »

That is not right, my solicitor says that deposits are normally held until tenants vacate and the property is inspected. The purpose of the deposit is to be redeemed against any damages etc which one cannot properly assess until the end of the tenancy.

it is clear you do not understand what they are saying and/or they are not prepared to explain things to you fully so you do understand - presumably you are not paying them fully for their time so they won't?

it is also clear you are determined to carry on this thread by ignoring the info you are given by people who do know the law and have told it to you many times in the last 600 posts

go back to worrying the wolf dog, at least that has entertainment value

higgledypiggledy_pop

leslieknope wrote: »

it doesn't matter who physically has the money. if the tenants leave, either at the end of tenancy or as an agreement to terminate early, you have to give them back that money whether you have it or not.

stop focusing on the dog and FOCUS on YOUR legal issues

the dog is not the issue. and STOP harrassing your tenants.

It does matter who has the money, to me!! I am very much focused on that aspect of it, thank you.

I am not harassing my tenants, that is completely ridiculous. In fact I have already spoken to the girl about what happened in the garden, and the she was extremely apologetic, particularly when she found out that I had footage of the dog baring its teeth etc. She got upset and finally admitted that it is her dog for all intents and purposes, there was some complicated sob story about how she got landed with it (I don't know whether I believe any of that or not but it doesn't really matter), the upshot is that it is hard to control but she feels a duty not to get rid of it because of the circumstances. I told her that I was very disappointed about the lies and ongoing risk of damages, as well as it being allowed to roam unaccompanied when she is aware that it has behavioural issues.

She did seem to understand this and supposedly the husband / boyfriend or whatever he is will be calling me to discuss a compromise solution, I suppose because he holds the purse strings. We will see what happens as I am willing to be reasonable IF the animal can be contained and prevented from ruining the place completely (though them leaving for a more suitable property would be much better for both of us).

higgledypiggledy_pop

Guest101 wrote: »

No it is clear, YOU HAVE THE DEPOSIT. That is the legal end of the story.


It doesn't matter if you have the money physically in your hand or in your bank or a friend is holding it or what.


You have made no effort to sort this out.

I HAVE made an effort, I have someone tracking down my good friend "Bill" because I have no intention of letting him get away with what he has done and I WILL get the deposit and my skimmed off 'taxes' back. In the interim I am scraping enough cash together to pay HMRC what is owed and to cover the deposit.

saajan_12

higgledypiggledy_pop wrote: »

That is not right, my solicitor says that deposits are normally held until tenants vacate and the property is inspected. The purpose of the deposit is to be redeemed against any damages etc which one cannot properly assess until the end of the tenancy.

But unless they choose to leave, how will you make them? You'd need to serve a Section 21 notice which requires deposits to be protected or returned to the tenant before serving.

And who physically has the deposit money is between you and your agent, but it is irrelevant to the tenant. You are still liable for returning it to the tenant and the onus is then on you to recover this from your agent if applicable.

lovinituk

higgledypiggledy_pop wrote: »

That is not right, my solicitor says that deposits are normally held until tenants vacate and the property is inspected. The purpose of the deposit is to be redeemed against any damages etc which one cannot properly assess until the end of the tenancy.

That's only if it's protected properly which yours is not! You really have no idea and your advisors are either being misled by you or are as utterly as useless as you in understanding the situation.