Advice Required

Mr.Fred

Hi folks,

I'm just looking for a bit of advice on a situation I find myself in.

A bit of back ground first. I'm what you''d call a reluctant land lord is as far as I've a property I don't want and can't sell so making the best of a bad situation.

I've all affairs in order regarding PTRB,tax compliant etc.

Right so now for the sceal.

We've had a tennant in their for the last 16 months or there abouts. The usual situation during the tennancy late/missed payments of rent etc. but these issues have either been resolved or a verbal warning requesting arears be brought up to date.

I've generally let them be and have only been to the house a couple of times for fixing or addressing a couple issues. As tennants I've no complaints other than the late payment and the odd request.

If there's been any major issues the problem has been addressed blocked drains (dyno rod out that week flushing pipes) boiler not working plumber out that week to replace pump and service.

So the latest one is I get a call Fri night 20.30 smoke in the house from the fire. This quickly escalates in the space of a half hour to the house is full of smoke and has become a hazard to herself,kids etc. which is fair enough. The chimney isn't on fire by the way I'm assuming it's a draw issue as the house is only 8 years old and there has never been an issue before now. So anyway I deal with it as usual it's Fri night I'll make a call in the morning if I can I will get someone down (Saturday, unlikely) don't use the fire in the mean time and open a window if there's still smoke in the house. So I get a company Sat morning that are available to drop down this week Monday. They didn't arrive yesterday so chasing them up as I type this.

just receive a message from the tennant informing me that they are moving out and demanding a reference and deposit back ASAP. The tennant would now be on a part 4 agreement as the contract wan't renewed it was just allowed to carry on as normal.

The tennant is in receipt of rent allowance and council inspectors were out in the house a couple of months back with a number of changes vents/extract fans etc. that will be required. These are scheduled to be done in January so as to avoid disruption over the christmas period.

So my view is that fair enough if she wants to move out that's fine I've no problem with that. However I think she is required to give notice (it was in the original contract) and that it's a bit unfair to be so demanding when we've gone out of our way to address every issue she's had including this one. I also think she's trying it on as they're telling me they've found a new house. since Fri night!! and need their deposit back asap.

Anyway a bit of advice would be appreciated both for future reference and for this current situation.

Thanks.

Mr.Fred

I just read this on citizens info. I assume this would apply here?

Tenants can terminate a tenancy without giving a reason but must give notice.

Length of tenancy Notice by tenant
Less than 6 months 4 weeks (28 days)
6 months to 1 year 5 weeks (35 days)
1 – 2 years 6 weeks (42 days)
2 or more years 8 weeks (56 days)
If tenants have a fixed-term agreement or a lease, they are also subject to the terms of this agreement. This means they may lose their deposit if they leave before the term stated in the lease, even if they give the correct amount of notice.

The_Morrigan

If she is moving immediately without notice she forfeits her deposit it's very clear you are entitled to that in the very least.

Contact her and inform her of tenants rights and obligations.

djimi

You sound like you are dealing with the current issue as best you can. Write to her informing her of the steps that you are taking to resolve the issue and the time frame in which you expect it to be resolved. Inform her that she has no legal right to break the lease immediately for this issue, and should she wish to proceed then she must either give the required 42 days notice, or else she will forfeit from her deposit the rent that you lose while the property is being relet.

Mr.Fred

Thanks folks.

Just told her the above verbally and she was not best pleased. I'll email it formally this evening. To be honest I'd just like her gone now but of course if she chooses to stay that's fair enough.

I think I'll hand it over to the council if I can don't think I'm cut out for this land lord craic I get enough grief from the other half.

Thanks again.

djimi

Just bear in mind that if she leaves now you are most likely going to find it hard to relet it this side of Christmas. If you want her gone then maybe try and come to an arrangement that allows her leave sooner than the 6 weeks, but honestly I wouldnt be going too far out of my way to accommodate her given the way that she is acting, especially not if it potentially leaves you out of pocket.

Marcusm

The_Morrigan wrote: »

If she is moving immediately without notice she forfeits her deposit it's very clear you are entitled to that in the very least.

Contact her and inform her of tenants rights and obligations.

When you say "at the very least", I assume you consider that the landlord would not be able to relet within 30 days or whatever rent period the deposit (post deductions for damage outside normal wear & tear) would cover. There is, of course, no provision permitting the landlord to retain the whole deposit if he, undertaking his common law duty to minimise his loss, as secured a paying tenant within a shorter period.

Obviously if it takes longer, he should pursue the tenant for the additional 12 days rent in addition.

The_Morrigan

Marcusm wrote: »

When you say "at the very least", I assume you consider that the landlord would not be able to relet within 30 days or whatever rent period the deposit (post deductions for damage outside normal wear & tear) would cover. There is, of course, no provision permitting the landlord to retain the whole deposit if he, undertaking his common law duty to minimise his loss, as secured a paying tenant within a shorter period.

Obviously if it takes longer, he should pursue the tenant for the additional 12 days rent in addition.

"In the very least" was in relation to being given notice, not to retain the deposit.

Marcusm

The_Morrigan wrote: »

"In the very least" was in relation to being given notice, not to retain the deposit.

I think you need to reread your post - "forfeits her deposit" was your phrase.

The_Morrigan

Marcusm wrote: »

I think you need to reread your post - "forfeits her deposit" was your phrase.

Seriously are you arguing semantics with me?
If she walks out today the landlord won't be handing over her deposit like the tenant hopes would happen.

Marcusm

The_Morrigan wrote: »

Seriously are you arguing semantics with me?
If she walks out today the landlord won't be handing over her deposit like the tenant hopes would happen.

I am certainly not arguing semantics and I would nt expect him to hand her any part of the deposit at this stage. However, if he obtains a paying tenant and does not suffer a loss of rent equal to the whole deposit (damage aside), he is legally bound to return it to her. That is what I am attempting to make clear, something quite distinct from the statement in your post where use of the word "forfeit" can only be understood as meaning it becomes Mr Fred's without further action. That is simply untrue.