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?
AIBUYou have one vote. All votes are anonymous.
Motorcycleemptyness · 18/03/2023 22:11
This reply has been deleted
Message deleted by MNHQ. Here's a link to our Talk Guidelines.
lamaze1 · 18/03/2023 22:12
You need to take advice op. If she's missed 3 months rent even if she doesn't make a claim then you might be able to offset against what she owes you (rent, coat of disposing of her belongings etc). I'm no property lawyer though and you'd probably need a judgment. definitely something to look into just in case she does claim.
LovingACountryBoy · 18/03/2023 22:14
This reply has been deleted
Message deleted by MNHQ. Here's a link to our Talk Guidelines.
All landlords or just the ones who do stuff like this?
Murphyturphy · 18/03/2023 22:14
This can’t be real. Really. Accidental LL or bullshit. You’ve never googled or ready any of the numerous posts on here about landlord requirements, particularly over deposits and don’t get me started on checking the gas when the tenant moved in 5 years ago. I await the MN deletion message.
Crazycrazylady · 18/03/2023 22:15
Honestly op. If she has blocked you I think it sounds like she has made her peace with the fact that she won't be getting her deposit back.. I'd send her a couple of what's app and texts asking for your three months rent and I'll bet anything that will be enough to deter her from chasing repost.
In the mean time, this is actually a result as it's a long process to evict non paying tenants so It's great she's gone of her own accord.
Kerfuffler · 18/03/2023 22:15
Florissant · 18/03/2023 22:11
Tenants also have responsibilities, like paying rent. But this seems to have been overlooked in the haste to point out the landlord's responsibilities.
Sorry, OP. You dropped the ball on not protecting the deposit and had a crap tenant.
Except that as well as not protecting the deposit, sorting an EPC and right to rent documents five years ago, the OP neglected to do essential annual safety checks for the more than four and a half years that the tenant was paying rent just fine.
Kaibashira · 18/03/2023 22:15
Give her the deposit back.
Her not fulfilling her obligations as a tenant (= paying rent, giving notice) doesn't cancel out you not fulfilling your obligations as a landlord (= e.g. putting the deposit in a registered scheme).
You can pursue her for unpaid rent etc. but that is entirely separate to the deposit issue.
No-one is an "accidental landlord", they just choose not to sell because they think that they can get more money at a later date. Any property will sell if it is cheap enough, and if there are e.g. structural or other problems so horrendous that it won't sell, you probably shouldn't be letting it out either.
I don't mean to sound harsh but being a landlord comes with strict regulatory obligations and if you can't or won't fulfil them then you need to take the financial hit, whatever it is, and sell up OR stop thinking of yourself as "accidental" and step up.
fairypeasant · 18/03/2023 22:21
Nextlevelnonsense · 18/03/2023 22:06
My sister died with tenants in her rental property.
My elderly mother became a landlord.
How would you describe her situation?
This 'nobody is an accidental landlord' bollocks is frequently stated.
NorthernDrizzle · 18/03/2023 21:37
No-one is an accidental landlord and certainly not for 5 years
Pay her the deposit back
Clear the property
Put it up for sale.
A situation where if your elderly mother didn't choose to become a landlord, an agent is used while the house is sold with a sitting tenant.
Everyone chooses.
I'm sorry for your loss.
Echobelly · 18/03/2023 22:24
NB, I do wonder if we should talk about 'incidental landlords' rather than 'accidental' ones given the amount of ire it attracts, and the fact it's not very accurate, as people have said? I became a LL on account of my now-DH not wanting to live in the area I owned my house, but yes, it wasn't an accident - I chose to keep the house as we'd only been together a few years when we moved in together, but I didn't buy with intention of letting, so maybe 'incidental' covers it better.
moose62 · 18/03/2023 22:25
Actually you can refuse to return a deposit if there is unpaid rent or the tenant has broken the rental agreement, which I presume they have by not giving notice. As long as her deposit is safe and available to hand back, it can be held until an agreement is reached.
IncompleteSenten · 18/03/2023 22:27
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
Just saw this.
Yeah.
That's her telling you she knows you broke the law so cough up the full deposit and she won't take it any further.
You'd be wise to listen to her.
Suetcrust · 18/03/2023 22:30
I’m a Landlord.
Sorry to say but lax landlords don’t do responsible law-abiding landlords any favours.
These words (below) from an earlier post are sensible.
The Shelter charity, if she contacts them, will be her legal tenancy rights friend! Beware.
“She could sue you for 3 times the deposit back as you didn't protect it. So if you don't give her deposit back and she starts googling for help she may find this out, so best to pay her deposit back and lose out on the deposit and 3 months lost rent, than losing the 3 months lost rent and 3 times the deposit. Expensive lesson sadly.”
Kerfuffler · 18/03/2023 22:31
moose62 · 18/03/2023 22:25
Actually you can refuse to return a deposit if there is unpaid rent or the tenant has broken the rental agreement, which I presume they have by not giving notice. As long as her deposit is safe and available to hand back, it can be held until an agreement is reached.
Of it's protected then yep that's straightforward.
If the LL and tenant don't reach an agreement over whether it's returned or not, who decides then?
Blossomtoes · 18/03/2023 22:33
Precipice · 18/03/2023 21:36
Not protecting the deposit isn't mere stupidity. It's flagrantly ignoring one of the basic legal responsibilities involved in renting out a property. Like in any business activity, there are basic legal requirements for you to fulfil.
This. Not protecting it is going to cost you way more than the rent she hasn’t paid.
To comment on this thread you need to create a Mumsnet account.