Landlord question - how much do I charge my tenants please?

ProDave

Were they finally up to date with rent when they left?

I would just deduct genuine costs of repairing damage.

The skip will go. The skip company will want it back. If the skip company try to charge you for any extra costs refer them to the tenants new address.

Mutton_Geoff

This thread should be read by all the newcomers who post with questions about buying a new property without selling theirs, or by max leveraging of mortgages getting into the BTL business or the other 100 ideas they spot on HUTH.

macman

The skip will have been paid for on delivery. The problem will be, can you identify the hirer, to get it removed? They probably never bothered to order a collection. 

macman

mlz1413 said:

Hang in, the deposit is for damage first and foremost. So that should be used for the cost of removing the skip and putting right any damage.  If you have a signed inventory from when they moved in.  Then payment of any bills outstanding, have you checked the gas, elec and water?
If there is any deposit left it can be used for rent arrears.  If your tenancy agreement said 4 weeks notice then you are going to have to accept the dates they gave you and charge 6 days as per the yearly calculation given earlier.  But normally what happens is the tenant pays rent until they leave they don't dictate that you take it from there deposit. 
If you are glad to see the back of them then you can use this as a learning curve and get yourself better organised for the next tenants, or use an agent. 

Not the responsibility of the LL during the tenancy period, paid or unpaid...
I suppose you could alternatively charge double rent from 27/6 to 30/6, since they failed to vacate on their own given date...

sharp910sh

big_gus said:

Hi all,
Any help appreciated please. My nightmare tenants are finally leaving after a year of late payments etc. Their year’s tenancy ended on April 11th this year and they informed me they wished to go onto a rolling monthly periodic. On May 30 they sent an email giving me “4 weeks notice to leave no later than June 27”. They also added: “A deduction from the deposit of the pro rata rent for the 24th-27th June can be made.“

The tenancy began on April 12 so ended on April 11. I have no idea where they are getting the 24th as an ending date. 

Anyway, I digress! They only actually moved out on June 30 (leaving a skip on the driveway which still hasn’t been removed). They are now saying I can deduct the pro-rata rent (which they claim is six days from 24th til 30th).

This has now fried my brain to the extent I don’t only what the pro rata rate for six days would be (rent was £1400pcm) as some months have 30 days and some 31. 

Just want to know how much of the deposit should I return 😣🤯
Thanks for any assistance. 

This does not make any sense. 
If they paid up to the 11th June but moved out on the 30th June then you are owned rent from the 11th June to the 30th June, i.e. 19 days rent. I have no idea where 6 days come from.

Please can you confirm what rent they have paid and for what period.

greatcrested

sharp910sh said:

big_gus said:

Hi all,
Any help appreciated please. My nightmare tenants are finally leaving after a year of late payments etc. Their year’s tenancy ended on April 11th this year and they informed me they wished to go onto a rolling monthly periodic. On May 30 they sent an email giving me “4 weeks notice to leave no later than June 27”. They also added: “A deduction from the deposit of the pro rata rent for the 24th-27th June can be made.“

The tenancy began on April 12 so ended on April 11. I have no idea where they are getting the 24th as an ending date. 

Anyway, I digress! They only actually moved out on June 30 (leaving a skip on the driveway which still hasn’t been removed). They are now saying I can deduct the pro-rata rent (which they claim is six days from 24th til 30th).

This has now fried my brain to the extent I don’t only what the pro rata rate for six days would be (rent was £1400pcm) as some months have 30 days and some 31. 

Just want to know how much of the deposit should I return 😣🤯
Thanks for any assistance. 

This does not make any sense. 
If they paid up to the 11th June but moved out on the 30th June then you are owned rent from the 11th June to the 30th June, i.e. 19 days rent. I have no idea where 6 days come from.

Please can you confirm what rent they have paid and for what period.

No. Rent is owed (rather than 'owned'!) till the tenancy is properly ended, irrespective of what date the tenant actually vacates. If the tenant serves inadequate notice, as appears to be the case here (subject to confirmation by the OP), then the LL can claim rent for the period to when the notice should have expired. That claim can be via a nice friendly request, a deposit deduction, or court action.

Of course, the LL can choose to claim a lesser amount, for an easy life, if he wishes.

Crashy_Time

Mutton_Geoff said:

This thread should be read by all the newcomers who post with questions about buying a new property without selling theirs, or by max leveraging of mortgages getting into the BTL business or the other 100 ideas they spot on HUTH.

Good advice.

mlz1413

Oh I've been slated on here haven't I! Yes you all correct that utility bills in the tenants name are not the LL responsibility. But LL hasn't made clear if they rented with or without bills so it was added as LL appears to be new to renting and much of the OP is confusing. 
Also while there isn't a set list of what debts are paid 1st, greatcreated, deposits are not for paying rent at the tenants will.  I listed what should be paid for in MY opinion and yes debts do come out of deposits but in this case the tenant is telling the LL to use the deposit to pay rent owed, which in MY opinion is unreasonable, if you wish to treat debts in a different order or all as one you are very welcome to! 
Thank you those who clarified my comment.  
Remember to be nice, it's an open forum. 

coachman12

mlz1413 said:

Oh I've been slated on here haven't I! Yes you all correct that utility bills in the tenants name are not the LL responsibility. But LL hasn't made clear if they rented with or without bills so it was added as LL appears to be new to renting and much of the OP is confusing. 
Also while there isn't a set list of what debts are paid 1st, greatcreated, deposits are not for paying rent at the tenants will.  I listed what should be paid for in MY opinion and yes debts do come out of deposits but in this case the tenant is telling the LL to use the deposit to pay rent owed, which in MY opinion is unreasonable, if you wish to treat debts in a different order or all as one you are very welcome to! 
Thank you those who clarified my comment.  
Remember to be nice, it's an open forum. 

You are quite right about the "let's be nice" ethos; and, yes, a report from you about some of the things said to you is what is normally advised by MSE in cases where people are rude to you and call your views rubbish.
As for the thread itself, it's got into a real mess-----just like the opening posting made it pretty clear that the actual tenancy trouble in this case has been a mess from start to finish. Don't pay any monies to the previous tenants until damage has been rectified and until skip has been removed at cost of previous tenants. And deduct any refund if these things are not done, based on the costs YOU incur. Also, deduct whatever outstanding rent remains unpaid. Worth a free session with a solicitor who specialises in this field, and even a follow-up with him/her.
Without knowing the precise legal terms of your agreement with the tenants, I cannot really give more advice on what is a very complex and fraught area of landlord/tenant legislative provisions.
But what I WOULD say is : you really do need to do a lot of homework, read the Landlord/Tenant Acts etc, get specialist good agents and a solicitor to deal with all future tenancies you wish to make
and do not make the same mistakes again. I have excellent agents who earn their fees dealing with several properties, acting on detailed and tight ( as can be) formal legally-binding tenancy agreements which would help you in the future. I think you will need to learn from this current mess and look forward to making sure you know how to deal with any future tenancies. I wish you all the very best with the present case of your tenants from hell.........

saajan_12

Lots of conclusions with varying degrees of accuracy and OP seems too keen to jump onto one answer without checking out actually applies. So can we please confirm some details please. I'm intentionally NOT going to give the various possible conclusions until we the inputs are clarified to avoid going down a path which may not be correct.
1) what are the tenancy periods start and end dates in your agreement (12th - 11th?)
2) what date is rent paid and what period does it apply to? (sometimes rent is paid x days in advance or paid for 1st - 31st with a stun payment at the start and end) 
3) how much rent has been paid so far? 
4) what if anything does the tenancy agreement say about what happens after the fixed term? Any mention of a Contractual Periodic Tenancy or notice periods?