Tenants leaving early 10mo/1year: Returning to Poland, how much of deposit to return?

[lyonsa3]

Re: Tenants leaving early

Tenants are moving out after 5 days notice. I stated 5 days notice as tenants have requested the rent they overpaid to be refunded with the deposit.

 

[minion]

Re: Tenants leaving early

I agree with the posters who said to Post anything back to them that you are not out of pocket by.

Or you could just give them a break and think what you would have felt like in their situation.

 

[Stifster]

Re: Tenants leaving early

Tenants are moving out after 5 days notice. I stated 5 days notice as tenants have requested the rent they overpaid to be refunded with the deposit.

I would tell them thet by law they have to give you at least 28 days and if you get someone in before that period expires you will refund them the "overpayment" otherwise you are entitled to keep it.

 

[Bronte]

Re: Tenants leaving early

Sorry guys, of course you don't deduct the advertising and vetting costs which you would incur anyway. I was just thinking of all the costs of changeover of tenant's when I was typing, but you do deduct cleaning unless if it's left as it was originally.

 

[z106]

Re: Tenants leaving early

Sorry guys, of course you don't deduct the advertising and vetting costs which you would incur anyway. I was just thinking of all the costs of changeover of tenant's when I was typing, but you do deduct cleaning unless if it's left as it was originally.

I actually think it's unfair to deduct any cleaning charges.
PErsonally I look on cleaning as one iof those inevitable charges that come with the territory.

 

[xman]

Re: Tenants leaving early

Tenants are being VERY cheeky breaking their lease and expecting both their deposit and rent in advance paid back.

In this case I would tell the tenants that they are responsible for paying the rent on the property for the term of the lease. I would keep their deposit and their rent in advance. If they want to break the lease they should advertise for replacement tenants (at their own expense) to complete the term of the lease and put down a deposit - and only then should you refund the deposit to the lease breaking tenants.

Just like the landlord can't jack up the rent in the middle of a lease, the tenants shouldn't be able to walk away from it either. It's a two way street.

 

[whizzbang]

Re: Tenants leaving early

To me it sounds like they should pay the notice they didn't serve. So if they had given you 28 days notice then they get their full deposit back (minus gany bills or damages) if they only give 5 days notice, then they still owe you the money for the other 23 days. If you manage to get someone else to rent the place before the 28 days notice are up you can refund them any difference if you are feeling kind.

Its a contract, and if they broke it they can't expect to get money back for notice not served. Much the same way that I would be expecting money back if my landlord kicked me out wihtout the proper notice. Whoever breaks the contract pays as far as I am concerned.

 

[gearoidmm]

Re: Tenants leaving early

Stifster,

You can terminate as a landlord for a variety of reasons. The following is from the PRTB website:

Once a tenancy has lasted 6 months, the landlord will be able to terminate that tenancy during the following 3​

1/2 years only if any of the following apply;​

3
4​

- the tenant does not comply with the obligations of the
tenancy
- the dwelling is no longer suited to the occupants
accommodation needs (e.g. overcrowded)
- the landlord intends to sell the dwelling in the next 3 months
- the landlord requires the dwelling for own or family member occupation
- the landlord intends to refurbish the dwelling
- the landlord intends to change the business use of the​

dwelling.

The correct notice must also be given obviously.

This comes up over and over again. The terms of the PRTB act do not supersede a lease. The landlord is not entitled to break a signed lease for the above reasons. A lease is a binding contract on both parties. The above applies in the absence of a lease and is designed to protect tenants, not to give the right to the landord to throw someone out just cause his sister or brother need a gaffe

 

[Stifster]

Re: Tenants leaving early

This comes up over and over again. The terms of the PRTB act do not supersede a lease. The landlord is not entitled to break a signed lease for the above reasons. A lease is a binding contract on both parties. The above applies in the absence of a lease and is designed to protect tenants, not to give the right to the landord to throw someone out just cause his sister or brother need a gaffe

I just came across this now and would like to point out the relevant section of the Act.

Application of Act. 3.—(1) Subject to subsection (2), this Act applies to every dwelling, the
subject of a tenancy (including a tenancy created before the passing of
this Act).
(2) Subject to section 4(2), this Act does not apply to any of the
following dwellings—

(a) a dwelling that is used wholly or partly for the purpose of
carrying on a business, such that the occupier could, after the
tenancy has lasted 5 years, make an application under section
13(1)(a) of the Landlord and Tenant (Amendment) Act 1980
in respect of it,

(b) a dwelling to which Part II of the Housing (Private Rented
Dwellings) Act 1982 applies,

(c) a dwelling let by or to—
(i) a public authority, or
(ii) a body standing approved for the purposes of section 6 of
the Housing (Miscellaneous Provisions) Act 1992 and
which is occupied by a person referred to in section 9(2)
of the Housing Act 1988,

(d) a dwelling, the occupier of which is entitled to acquire, under
Part II of the Landlord and Tenant (Ground Rents) (No. 2)
Act 1978, the fee simple in respect of it,

(e) a dwelling occupied under a shared ownership lease,

(f) a dwelling let to a person whose entitlement to occupation is for
the purpose of a holiday only,

(g) a dwelling within which the landlord also resides,

(h) a dwelling within which the spouse, parent or child of the
landlord resides and no lease or tenancy agreement in writing
has been entered into by any person resident in the dwelling,

(i) a dwelling the subject of a tenancy granted under Part II of the
Landlord and Tenant (Amendment) Act 1980 or under Part III of
the Landlord and Tenant Act 1931 or which is the subject of
an application made under section 21 of the Landlord and
Tenant (Amendment) Act 1980 and the court has yet to make

its determination in the matter.

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[aircobra19]

Re: Tenants leaving early 10mo/1year: Returning to Poland, how much of deposit to ret

Stifster I'm a bit slow this morning.How does that apply in this case?

 

[Marie]

Tenants leaving early 10mo/1year: Returning to Poland, how much of deposit to ret

If a tenant whose tenancy agreement is for a month's notice on either side (which is the most usual arrangement) has - for practical, real-life reasons - to terminate the tenancy before the end of the month they have paid for in advance then they forfeit the rest of the month's rent.

However a landlord is definitely NOT entitled to keep the deposit........which I assume is a further whole month's rent. You will be breaking every law in the book by doing so and if they are the usual East European migrant-worker types with PhD's in astrophysics and law and speaking seven languages fluently they will (hopefully) pursue you through the European Community processes for return of their appropriated money.

 

[sadie]

Re: Tenants leaving early 10mo/1year: Returning to Poland, how much of deposit to ret

What I find scary is that someone who doesn't even know how to check if the utility bills have been paid or not, has set themselves up as a landlord. This is what tenants are up against - entering into business agreements with such inexperienced individuals and handing over large sums of money in advance. There should be some kind of code of conduct that landlords need to have signed before they can operate. Otherwise you end up with people holding back lumps of the deposit for a bit of scuffed skirting board, (oh and don't forget to include the broken cup from that Heatons dinner service), basically because they might be landed with having to pay their own mortgage for a month or two. This is why I would always prefer to rent from an agency.

 

[Marie]

Tenants leaving early 10mo/1year: Returning to Poland, how much of deposit to ret

Deposit is for DAMAGE or to cover in the event of DOING A MOONLIGHT FLIT! It is NOT to pay to have your buy-to-let professionally cleaned, or pay the bin-men or redecorate or in any other shape, sense or form tamper with. It is an in-hand insurance contingency against actual damage, e.g. broken windows or kicked-in doors or graffiti. It is NOT against 'wear-and-tear' which occurs with use of the property.

It is theft to appropriate a deposit to cover a landlord's expenses.