AIBU?
Tenant has abandoned property
AccidentalLandlord1 · 18/03/2023 21:28
Hi everyone. My tenant of 5 years has abandoned my property today. She text me to say that due to a change in circumstances, she has left the property and has posted the keys through the door and the stuff she has left behind can either be thrown away or kept. I went to check and she has left her all her furniture such as beds, wardrobes, etc. She had always paid her rent on time so admittedly I'd become a bit laid back with checking but I checked today and she has not paid rent for the last 2 months and she missed a payment in October last year too. She also had the cheek to give me her bank details to give her deposit back...! Where do I stand with getting missed rent back from this tenant? I have no idea where she has gone and she seems to of now blocked my number. I am an accidental landlord as you can tell from my username and also rather stupidly did not protect her deposit. Does this mean I have to give it back?! Even if she owes rent. Help desperately needed...
Am I being unreasonable?
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Kerfuffler · 18/03/2023 21:48
fairypeasant · 18/03/2023 21:45
If you keep the deposit, you'll find that instead of disappearing, someone like CAB will tell her she can get triple it back. And if you've not got through the legal channels to evict her, getting the rent will be tricky. You should have been keeping an eye, and noticed the first missing rent.
You're in trouble. She's offered you a decent deal- pay up, and sell up, and it's all gone away. Try making trouble for her, and I expect it will bite you on your clueless bottom, I'm afraid.
Yep.
Shelter may also be able to refer her for further legal support.
Asdf12345 · 18/03/2023 21:50
I would threaten to take her to court. She can claim up to three times the deposit but she owes you three months rent plus costs to dispose of her stuff, and unpaid notice.
Assuming you can make a case for roughly a months rent in costs, another for notice, and three unpaid months you would be quids in even if the max penalty of three times the deposit was ordered.
In practice the triple deposit is rarely awarded so your odds are even better. That said I would be happy to settle for the unpaid rent minus the deposit and not charge for leaving her stuff.
Being a landlord is a business. You need to put more time and effort in.
Motorcycleemptyness · 18/03/2023 21:50
Whatthefnow · 18/03/2023 21:45
@Motorcycleemptyness what an unnecessary and mean response.
Why is it an unnecessary and mean response? It’s the truth. Being a landlord is a job. It comes with certain responsibilities. If you are not able or willing to adhere to those responsibilities, don’t do the job.
It is really very simple to understand. I am not sure why you are having trouble with it.
Kerfuffler · 18/03/2023 21:50
MerryMarigold · 18/03/2023 21:49
What's a deposit for, if not to protect against missed rent and damage to property? Surely you don't give it all back and then take someone to court for missing rent?
The tenancy deposit service would, with proof of rent arrears, release the deposit to the landlord not the tenant if they judged the claim to be valid.
Motorcycleemptyness · 18/03/2023 21:52
Sugarplumfairy65 · 18/03/2023 21:51
The op deserves it. She knowingly broke the law.
Whatthefnow · 18/03/2023 21:45
@Motorcycleemptyness what an unnecessary and mean response.
I agree! Imagine simping for a landlord who got five years worth of rent £ ‘accidentally’ but couldn’t be arsed to do the bare minimum.
what a clown.
Ihatethenewlook · 18/03/2023 21:55
Asdf12345 · 18/03/2023 21:50
I would threaten to take her to court. She can claim up to three times the deposit but she owes you three months rent plus costs to dispose of her stuff, and unpaid notice.
Assuming you can make a case for roughly a months rent in costs, another for notice, and three unpaid months you would be quids in even if the max penalty of three times the deposit was ordered.
In practice the triple deposit is rarely awarded so your odds are even better. That said I would be happy to settle for the unpaid rent minus the deposit and not charge for leaving her stuff.
Being a landlord is a business. You need to put more time and effort in.
Thank god. Someone with some sense on here. You KNEW that deposit should have been protected op. But she owes multiple months rent. Didn’t give you at least 1 months notice that she was vacating, which means she’s owes even more rent. And she is also responsible for the removal and disposal of her items. If there any any legal issues then she’ll lose out more. Keep the deposit. Get rid of her things. And use your head next time. You’re Iucky you’ve made it 5 years with no issues.
AccidentalLandlord1 · 18/03/2023 21:56
She mentioned in her message along with providing her bank details that I can just transfer the deposit directly back to her as she is aware it isn't protected. I have no idea how to find out where she is now. She is from Scotland originally so may have even gone back up there. Nightmare
Coffeellama · 18/03/2023 21:56
If it was protected you probably wouldn’t have bad to give it back because she left all her stuff behind, you couldn’t have kept it for rent anyway. But as you have acted illegally and can be fined for it very easily, I’d transfer the deposit straight back to her and hope she doesn’t go after you for 3x its value. Did you follow the other regulations of being a landlord regarding gas safety checks etc?
Ihatethenewlook · 18/03/2023 21:57
AccidentalLandlord1 · 18/03/2023 21:56
She mentioned in her message along with providing her bank details that I can just transfer the deposit directly back to her as she is aware it isn't protected. I have no idea how to find out where she is now. She is from Scotland originally so may have even gone back up there. Nightmare
Reply with I’ll return your deposit after you’ve paid me the 3 months missing rent, the 1 months unpaid notice, and the x amount of removals and cleaning costs of your abandoned items.
Newusernameaug · 18/03/2023 21:58
I wouldn’t send her anything.
photograph / video / document everything so if she ever comes after you for the deposit you’ve covered yourself.
then the only thing you can do is move in from this, you’ll never get any money from her and hopefully she won’t chase the deposit.
I had shitty tenants once and it put me off ever being a landlord again.
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