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Original poster

Tenant whose lease has expired and moved out, refusing to return keys...

22 replies

mm22bys · 19/03/2009 18:38

Hi,

I need some advice please.

We had a tenant whose lease expired last Monday. She moved out, and new tenants have moved in.

She is asking for her deposit back, but she is yet to return the keys.

We have given her opportunities to return the keys, but is being difficult (she wants someone to go to her work to pick them up).

I am concerned that she has access to the property, especially since there are new tenants in there.

We have issued her with an ultimatum - return the keys within 24 hours or we will charge her to have the locks replaced.

I also need to "protect" the new tenants' deposit but it seems I am going to have to "unprotect" the old one first.

Any advice would be greatly appreciated.

Thanks,

OP posts:

stuffitllama · 19/03/2009 18:44

Change the locks and charge it to her deposit. Sorry, am hard nut, but if I was the new tenant I would not be best pleased.

Not sure what you mean about protecting deposit and unprotecting. At the moment if she has access then all sorts of things might be invalid like insurance policies and so on.

stuffitllama · 19/03/2009 18:44

Change the locks and charge it to her deposit. Sorry, am hard nut, but if I was the new tenant I would not be best pleased.

Not sure what you mean about protecting deposit and unprotecting. At the moment if she has access then all sorts of things might be invalid like insurance policies and so on.

stuffitllama · 19/03/2009 18:44

tiggerlovestobounce · 19/03/2009 18:48

I think stuffitllama is correct.

Original poster

mm22bys · 19/03/2009 18:51

Thanks, "protecting" a deposit is one of the latest govt pieces of bureaucracy to cost landlord's money - supposedly it "protects" a tenant's deposit so they get it back at the end of the tenancy.

I have no problem with returning a deposit so long as the tenant meets his / her obligations (like returning the keys ).

I found an email from yesterday asking the agent to arrange change of locks so will see tomorrow if any progress from either tenant or locksmith has been made.

Thanks,

OP posts:

WhatFreshHellIsThis · 19/03/2009 18:52

yes, take a tough line. She can't expect you to run around to her work and get the keys, surely she can pop them through your letterbox or in the post?

Reallytired · 19/03/2009 18:53

I don't think you have any choice to change the locks and charge her. You are obliged to protect your new tenants.

"We have given her opportunities to return the keys, but is being difficult (she wants someone to go to her work to pick them up)."

Cheeky mare, why should you have the extra hassle. Its her responsiblity.

Have you issued the ultimatum in writing?

ABetaDad · 19/03/2009 18:55

mm22bys - I have rented many flats and houses over the last 20 years and I always have to hand back the keys when the checkout inventory is done by the landlord or agent.

Has that checkout inventory been done before the new tenant moved in? I do not understand how the tenant still has the keys if that checkout process has been done.

Usually the deposit is returned a few weeks later after the invetory has been checked and any damages or deductions agreed.

benfmsmum · 19/03/2009 18:58

If you tell the people you have registered the deposit with about the problem then they wouldn't automatically give her back the deposit. Then presumably it becomes disputed and so you can protect the next tenants deposit.

Peachy · 19/03/2009 19:00

Yes, hwat abetadad said

The protection is a good thing i think, sadly not all landlords are like yours- ours deducted us a small fortune for gardening services and when pressed for reason produced a pic of long grass take over 5 weeks after we moved out (mid summer)- er yes it owuld have grown by then!. There are bad landlords and bad tenants sadly. There has to be protection for all the good ones on both sides.

Have you asked why she won'6t give the keys back? No good answer = locks changed I reckon

Original poster

mm22bys · 19/03/2009 19:12

She won't give keys back because she wants her deposit back....

The crazy thing is the flat has recently been refurbished, and she lived there for about a month before moving out (she was in temporary accommodation) so we had fully intended on giving her her money back in full (until the key debacle!).

I think we'll be making a few phonecalls tomorrow...

Thanks for your advice,

OP posts:

lalalonglegs · 19/03/2009 19:44

Send her an email and letter (if you have a forwarding address) explaining exactly what will happen: locks will be changed because new tenants need to know that their home is safe and she will be charged. If she still refuses to return the keys, then raise it as a dispute with the deposit holding agency.

ABetaDad · 19/03/2009 20:54

MM22BYS - if an inventory checkout has been done and keys have not been returned you are well within your rights to charge the old tenant for new locks. The keys are part of the inventory and it is unacceptable that she has retained a copy and the other tenants do not have a secure home.

If an inventory checkout has not been done you are in a much much weaker position. As a tenant I would not return keys in that situation since the old tenant has no record of the state of the property when she left it For example, the new tenants might damage things and then blame her by saying the damaged was already there when they moved in. I am not saying they will but it is easy to see how a dispute could erupt.

The inventory check out is crucal here. If it has not been done I think you just need to get her money back to her without deductions and get the keys off her ASAP. You really have no grounds to claim against her deposit if there is no proper record of the state of the property.

lalalonglegs · 20/03/2009 10:50

I disagree - the OP already said she was prepared to return the deposit in full, the ex-tenant is trying to put her over a barrel (although I'm not sure why as she was going to get the money back anyway). The money is held in a deposit scheme where you have to state formally why you are not giving the deposit back in full and back up the amounts deducted so it is not as if the the OP could just hand back half and say she was pocketing the rest for "gardening services" or some such. The check-out seems irrelevant in this case as there is no dispute about the property, it's about the keys.

ABetaDad · 20/03/2009 20:58

The keys are part of the inventory. They are missing. They can be charged for if not present at the checkout or returned very promptly thereafter.

brettgirl2 · 21/03/2009 11:25

What a bizarre thing to do. When I thought I wasn't going to get mine back I 'deducted' it from my final months rent . Far more logical imo.

NotPlayingAnyMore · 21/03/2009 11:45

"She won't give keys back because she wants her deposit back...."

She doesn't seem to realise that witholding keys is exactly why she wouldn't get part or all of her deposit back.

Don't bother giving her an ultimatum as the new tenancy is currently compromised by this which could get you into trouble. Just change the locks, return the rest of the deposit (if any) and then it's over and done with

GentleOtter · 21/03/2009 11:57

It is wise to change the locks anyway as a replica key could have been made.
An ex-p had his house emptied by someone who did this.

MerlinsBeard · 21/03/2009 11:58

when we moved in here all the locks were changed as a matter of course - that is partly what our rent pays for (things like repairs etc) I was glad especially when the previous tenant rang the bell one night at 1am to ask for his post

stuffitllama · 21/03/2009 12:56

brett girl how clever of you

brettgirl2 · 24/03/2009 08:19

Well it worked

There was no reason not to pay it back - the landlord was just dodgy. Wouldn't do it normally.

nickschick · 24/03/2009 08:24

When we rented out property we just took keys back at the end of the tenancy except for one dodgy tennt who left by other means but she was an ass who thought it responsible to leve her 14 yr old daughter in chrge whilst she moved in with her bf .

To be honest for a quiet life why dont you just collect the keys from her?

We changed locks for each tenant.

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