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Original poster

Landlord needs advice.Tenants damaged property and refusing to pay rent

30 replies

TinyDiamond · 25/11/2013 08:47

Asking on behalf of a friend who is no longer in the UK.

She rented out her house here. Tenants moved in Jan 2012. They now are moving out and have given adequate notice to do so however are refusing to pay last months rent and telling LL to keep the deposit to cover this. Problem is that they have caused extensive damage to the property that LL was going to need to use deposit to pay for (the amount will not even cover the repairs required). They have also further breached their contract by subletting.
She did not go through an agent to let out her house but now lives abroad so is not around to sort this out. I think she has messed up though as has not put their deposit in a protection scheme so will not have a leg to stand on.

Are the tenants allowed to use the deposit in this way? If they just do not pay and then move out anyway would she ever be able to claim from them or will she always lose because of the payment protection scheme thing?

Thanks for reading! Any advice or links appreciated.

OP posts:
Original poster
TinyDiamond · 25/11/2013 09:20

bump

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expatinscotland · 25/11/2013 09:22

She can try taking them to small claims court but people like this tend to scarper.

Alwayscheerful · 25/11/2013 09:27

If she takes this matter to cout she will be ordered to pay the deposit x3 to the tenant because she did not put the deposit in one of the appropriate schemes.

I would think your friend would be able to put a claim in for the damage but as expat says they are likey to disappear.

I am afraid she must put this one down to experience.

Alwayscheerful · 25/11/2013 09:27

Court.

mercibucket · 25/11/2013 09:32

your friend is in trouble!

if they take her to court she will have to pay them 3x the deposit because she did not use a deposit protection scheme

they can do this regardless of whether she lets them off the last months rent or not

she can counter sue for damages and it might mean they end up quits.

she needs legal advice about the deposit scheme tbh
maybe she can pay it in now?

no legal experience just seen friends go through thid

Original poster
TinyDiamond · 25/11/2013 09:35

Ok thanks for replies so far. I thought it was not looking good tbh. Any links to anything I can send her that spells this out?

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lalalonglegs · 25/11/2013 10:05

Here's a useful guide from the CAB. I'm afraid your friend's failure to protect the deposit does put her on the back foot when it comes to taking legal action but I think it would be very difficult to recover money from this sort of tenant anyway. There would be no point paying the deposit into a scheme now as she should, legally, have done it within 30 days of receiving it.

Alwayscheerful · 25/11/2013 10:14

I am sure I read somewhere it is better to pay the deposit into a scheme late, rather than not at all, it means you will probably avoid the x3 fine. On the other hand it will make claiming for the rent and damages more complicated.

Does the tenancy agreement state that unpaid rent can be deducted from the deposit? Does your friend have an email asking her to deduct the last months rent from the deposit

Your friend must take photographs as evidence when the tenant leave. Does your friend have a dated photographic inventory signed by the tenants when they moved in?

BrianTheMole · 25/11/2013 10:18

Yes that is true cheerful. I have read that too. It would be worth telling your friend to seek advice on the landlord zone, as there are lots of experienced landlords there who would be willing to advise. I suspect however your friend is going to have to cut her loses on this one. But I think she should certainly look at getting that money into a scheme asap.

BrianTheMole · 25/11/2013 10:25

Here

Original poster
TinyDiamond · 25/11/2013 10:31

Can't take photos she is abroad but will be using a letting agent next time who will do all of that for the next tenants

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Original poster
TinyDiamond · 25/11/2013 10:32

Thanks. Which is the best scheme? I know ours is in with TDS, any good? Any difference?

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Original poster
TinyDiamond · 25/11/2013 10:33

I don't think the contract says that they can do that with the last months rent no. But they are just refusing to pay the last month anyway. I think payment date has already gone.

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specialsubject · 25/11/2013 10:36

the schemes are all pretty much the same.

the law is weighted to the tenants so your friend needed to be 100% on everything. No, the deposit is not for paying the last month's rent, to cover situations such as this - but as she didn't keep the rules on her side she is probably out of luck.

Unless she has insurance to cover the damage she is even more out of luck. Especially if it is malicious damage.

lesson learned - vet tenants, do things properly. Doesn't mean you HAVE to use an agent but as she is abroad it will be very difficult without one. Also doesn't mean that an agent would have prevented this.

froubylou · 25/11/2013 10:39

Unless your friend has a uk c/o address she us up shit creek on this one. Not only has she failed to protect the tenants deposit if she has no uk address or an agent in the UK to act on her behalf she will find it very difficult to take any legal action.

Landlords that have tried to save themselves a few quid each month by managing the property themselves without the correct knowledge don't get much sympathy from the court of legal system I'm afraid.

expatinscotland · 25/11/2013 10:41

Of course the contract does not say that, but it's a moot point now as she did not protect the deposit, either.

Original poster
TinyDiamond · 25/11/2013 10:41

There may be an address she is using for instance she still has family here (although they do live in a different city to the house) I am not sure as I do not know her very well anymore. I just told her I would get some good advice on here. It has been useful thank you! I have broken the news to her. No reply yet

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Original poster
TinyDiamond · 25/11/2013 10:44

She has insurance that she has already claimed on already for a floor they damaged. Then as soon as was replaced they immediately did it again and now there is lots more damage also from a pet that was not authorised.
Agree with you she is screwed and needs to let it go as she is in the wrong too. I hate situations like this it gives tenants a bad name I rent but have never done anything like this.

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Alwayscheerful · 25/11/2013 10:45

Some tenancy agreements specifically state that the rent cannot be deducted from the deposit.

BrianTheMole · 25/11/2013 10:46

I don't think it matters which scheme. Theres not much in it.

Alwayscheerful · 25/11/2013 17:43

I use TDS tenants deposit scheme.

LIZS · 25/11/2013 17:49

No they're not but she has behaved illegally in to lodging the deposit in an official scheme and notifying them of it within the time period (28 days iirc) along with her correspondence address, Gas certificate etc so it would definitely all count against her in court. She has failed in her statutory obligations as ll so probably better to write it off now than pursue it and lose more. Maybe the tenants took advantage in the knowledge that she was on weak ground.

Crutchlow35 · 25/11/2013 19:00

And I am sorry to be a bitch but it is people like your friend acting like this that make being a landlord such hardwork for those who stick to the rules and within the law.

specialsubject · 25/11/2013 20:39

Indeed. And tenants like that also make it hard for everyone else.

Original poster
TinyDiamond · 25/11/2013 21:27

there was never anything mentioned about a missing gas cert. That is all legit she just messed up not putting the dep in the scheme. I don't think the tenants know that they could claim for this they are moving on to a council property but have been there nearly two years now.

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