Tenant deposit

G_M

casflash wrote: »

No it hasn't expired, the 6 months point would have been up at the start of February.

Errrr.... am I missing something?

Are you saying that the tenancy started at the start of August and was for 6 months (till start of Feb 2019)?

If so,
a) the S21 was invalid unless the expiry date on it was start of Feb and
b) her notice was probably invalid, sepending on the terms of the tenancy.


Back to basics I think:


1) is this England? Wales?.....??
2) exact start date of tenancy?
3) Term or end date of tenancy, or exact wording specifying a periodic tenancy?
4) exact wording of any clause relating to notice
5) date tenant served notice, and how?
date tenant 'ended' the tenancy, vacated and returned the keys?
6) whether landlord accepted the keys and accepted the tenat's surrender of the tenancy? Whether any written acknowledgement was agreed/signed?
7) date deposit paid (if any)?
8) date deposit registered?
9) date government 'prescribed information' amd deposit 'prescribed information' were provided to tenant?

jonnygee2

Are you saying that the tenancy started at the start of August and was for 6 months (till start of Feb 2019)?

I think they were saying that the S21 notice has not expired yet? Because the one they believe was correct was issued in August and they last for six months right?

Comms69

casflash wrote: »

Hello,

I've had a tenant living in a property I own for just over a year and she has been an absolute nightmare.

She was given a section 21 notice back in August, but has constantly dispute it, getting a housing charity to send letters intimidating letters.

Firstly that the notice was not on the correct form and secondly disputing the fact she received deposit scheme information. So herself and the charity have always insisted that she has not breached the tenancy agreement, as the notice wasn't valid. - Who's fault is that? ....

I was in the process of starting court proceedings but have been having a very stressful time lately apart from this, so that's the reason it hasn't already happened. - And?

She then sent a message on Thursday evening saying she would like to speaking about moving and said she would be leaving 2 days later on Saturday. The rent has been paid up until the 25th of this month. - seems like a perfect solution


I have since been to the property, which is really quite dirty and has items missing. - have you asked her about this? Who say you've been there, but technically she's still a tenant and you should serve notice


My question really is how to dispute her deposit claim on dps, in which she has requested the full deposit back. - with evidence


Can the money be claimed for the month and a half that should be left on her notice had she given the correct amount. - not sure why it's a month and a half? what date did her tenancy start? in anycase surely it's better just to be rid, otherwise you'll have to go to court etc to evict. As she was claiming the notice was invalid, these would still be the terms of her tenancy agreement. I obviously don't have anybody else lined up to move into the property because of her not leaving, so will be losing out moneywise. - ok, let her know and she can move back in...


I would like to put all the reasons on the claim, but these are more than the deposit. I understand I wouldn't be able to get more than the original deposit but would like to have all of the reasons in the case that they dispute any. - sure


This was the first time I have rented a property and was doing it to live with my partner, rather than to become a property mogul, so may have been quite naïve in it all, but I have defiantly found one of the bad tenants and would like to limit my loses. - and they found one of the bad landlords...


Thanks

I really think you need to count your blessings; she could've stopped paying rent and still stayed there and you would lose money AND have to go through a lengthy eviction.


Which is now what you're risking.

AdrianC

She doesn't need to give notice, surely?
You gave her 2 months notice in August.
She has now (belatedly...) complied with that notice, by moving out as requested by you.



You believe she physically moved out on 8th December, but she has paid rent until 25th December. She is still legally your tenant until 25th, so has until 25th before you can enter. It is the condition of the property as of 25th that is relevant for the check-out, and the disputation of any deposit reclaim. She has two weeks to clean it. You can then re-let it.



When you've done the check-out inventory, submit the details, with check-in and -out photos, to the deposit scheme arbitration. If the entire deposit isn't sufficient to cover the legitimate costs, then you can launch a claim against her for the shortfall.