Problem with ex tenants

M

medo

Guest
Tenants viewed my house in Jan, and agreed to rent the property. The property was occupied when they viewed it and a lot of the furniture belonged to other tenants, however they were pointed out what would belong to the house and what wouldnt.

To cut a long story short, the contract was made out but the wife went on holidays and only the husband signed it. It also included a list of the furniture that would be in the house. So, the husband got the keys straight away and everything was fine. Weeks later, the wife returned from holiday and contacted me to ask for an extra double bed. I refused, as she claimed she wanted it for a "babysitter" and i couldnt see what was wrong with the single bed that was there. She then started sending very abusive text messages and also a text that stated they would be leaving in the next month.
At this stage I was glad at the thought of them leaving as if she got this abusive over this I couldnt deal with them for another 12 months.
Her husband texted me the following day and said they are not leaving. I called him and he apologised for her behaviour.
The following day he called and said actually they werent happy so would go viewing houses. I said fine, but if you intend to leave give me 4 weeks notice.
I advertised the house online immediately. He texted me in the coming days and said they had found a house so they would leave in 4 weeks.
I did several viewings with his consent and with giving notice, but on one occassion his wife was abusive and shouting at me in front of the prospective tenants and refused to let them see a room even though she had earlier agreed to this viewing. In short, a nightmare.
In the days leading up to their move out day the husbad also turned and sent various texts setting his ground rules about when i should return their deposit - he said I should inspect the house under his supervision on move out day. He said if i want the key, i give back deposit and thats that. I soon pointed out that he isnt entitled to any deposit back as hes breaking contract, but that if he complies and lets me inspect in my own time and if im satisfied I will return deposit.
So, since then Ive inspected the house but im not happy as some damage has been done and 2 items are missing from the house. Hes denying the damage.
He said he is contacting his solicitor.
My question is, will I have a problem that only he signed the contract? Will I have a problem that I did not register with the PRTB - you are given 30 days to register a tenancy but they said they were leaving within those 30 days which is why I havent. I did not recieve written notice that they were leaving, but I have all the text messages and one says they found a house and would like to leave in 4 weeks.
Thanks in advance.
 
medo, you should thank your lucky stars that they are leaving and I dont mean to be flippant about it. if I were in your shoes I would return the deposit and be well glad to be rid of them. You really should register with the PRTB as soon as you take on tenants, even if you were registered it would take months and months to solve the issues you currently having. In my opinion I think the PTRB very much lean towards the tenant.
 
My advice is give the deposit back, they are in a much stronger position than you, and could make your life hell if they wanted.
I realise its not right but its the way the system works.
 
Change the locks.

Forget it until you receive letter from solicitor. Then reassess.

(But of course be happy that he will either forget it or go the solicitor route and not take things in to his own hands - the last thing you need are night time callers looking for revenge)
 
As a business you are best getting them out and re-renting as soon as possible.

As such if the damage is minor, like 20% of the monthly rent I'd let them go, and be glad to be rid of them. Otherwise you risk a dispute going on for ages, and the hassle just isn't worth it over minor damage, even if you in the right.

Alternatively you could fight it and probably win, friends have done it and won, damages, and kept the receipt. They were registered with PRTB and did everything by the book though.

Personally I'd just get them out, write it off, and re-rent as quick as possible.
 
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