Tenant left house early and ignored AST with 2 months to run.

[Dollychris]

I wonder if anyone can advise please? This is our first and only little terraced investment property so a bit green I'm afraid but tried to do everything by the book.
We had 3 tenants in our beautifully refurbished house (Nest egg for retirement pension 10 years time after we lost nearly all out pension to Equitable Life colapse years ago). We did everything by the book and our being a HMO (more than 3 unrelated persons) we installed link alarms, firedoors and extinguishers/Blankets etc., Had local council to house to determine its' status and carried out all advice in health and safety - certificates the lot!
20 yr old lad decided he wanted to leave and move into student digs with 2 months to go and said that the AST was void because out daughter lived in house (paying tenant). He put keys through the door with a note on Monday and has gone leaving his home address in Derby to forward mail to.
He is still living in our town and has told us he has moved elsewhere with friends. We have a £300 deposit in DPS scheme. Can someone advise where we go from here please as becoming bogged down in Landlord law and advice?
Many thanks in advance as am losing sleep over this matter. Best Wishes and apologies for lack of knowledge.

[fliptheswitch]

I'm slightly confused Dollychris (it's not your fault, it happens often) as I'm unsure what this lad has done.
He left before the tenancy ran out, is that right?

I'm no legal eagle (clearly!) but I would have thought that deposit would rightfully be yours, as he never gave notice. The bit about it being void because your daughter lived there, is rubbish.

[Sade]

I don't know the rules but what you could do is go and talk to any estate agent! I rent my house out with an estate agent and they are all very knowledgeable regarding the law, as they deal with it every day. It used to be that you could keep deposit to pay for the final months rent which was always never paid! But I think it is different now due to the rent deposit scheme. You could also email them and ask them if you can keep the deposit. If the lad has left, can you not just advertise his room and get someone else in there asap? One thing I know as a landlord is that you simply cannot assume anything. Never assume a tenant will pay, never assume they will give you notice, never assume they will look after the house. If you assume the worst and are ultra realistic, you won't be surprised. Have you considered letting out the house through an agent so you don't need to worry about any of this? It means 10% of the income goes back to the agent but in my view it's money well spent..

[rowanwitch]

http://www.direct.gov...g/Tenancies/DG_189101

AST is only void if Landlord lives in property...if your daughter was a paying tenant it would be ok he might argue she was acting as your agent but I doubt he could prove it

[Dollychris]

Thank you for getting back so promptly fliptheswitch. Apparantly his Dad works with these problems and despite agreeing that his son will not find another place so lovely and reasonable, his son wants wants to now move in with mates he has made since moving here for 1 year on Uni work placement. Dad says that his son is a 'lodger' not a 'tenant' and the 6 month AST is now void. When his parents asked us last month if he could leave we stated that if we could find a replacement tenant (not the best time Nov/Dec) as long as he could leave at short notice we would be fair. He said this was an acknowledged his notice to leave! We live and learn........... Thanks again for advice.

[Sade]

Also, if he signed an agreement saying he would pay for 6 months then he is bound to that. If he has left owing money, you can take him to the small claims court. CAB will be able to give you advice on the forms. It's very easy. It costs about £70 and if you win, that gets added on to what he owes you. Chances are he wouldn't turn up in court and they will just write to him and tell him he has to pay you. I did this with a tenant who left owing me loads of rent. He came to court, agreed to pay and then I never saw him again. However, it is possible to track them down using other agencies. The estate agent did most of this for me, so I would consider getting them to take on the stress for you!x

[fliptheswitch]

Your son was a tenant, not a lodger. Your daughter living there has nothing to do with it, she is a paying tenant.
I feel really bad for you, actually. You have obviously tried very hard and given this lad a nice home to live in, and been given no thanks whatsoever. I know they take a percentage of the money, but maybe going through an agency wouldn't be such a bad idea. Or, ask your daughter if she knows anyone who would move in. I know that's a long shot, but you're usually pretty safe when you know the people already. Good luck with it all, I hope you find another tenant soon :-)

[Dollychris]

Thankyou Sade and Rowanwitch. Will check out with DPS what happens to the Deposit. We are trying our best to let the room asap. Rent was paid to us via bank or Cheque as we are the landlords. Rent was late from lst month but did eventually get paid so no problem there. Daughter and other tenant are fine so one nuisance out of 3 isn't bad going really. Thanks again for help everyone - I feel more positive and take heed of Sade's comments on being realistic - wish we didn't live so near and would probably be much easier.!

[Dollychris]

Thanks again for your further comments fliptheswitch and will look at using a reputable agent in future I think. Our daughter is living there as she is about to start a nursing degree next March and trying to support as much as we possibly can. Advertising everywhere so have our fingers crossed! Great advice!

[cathfromsaron]

we joined this when we were going to let, but we sold anyway!

http://www.landlordexpert.co.uk/

i suspect he may know how new you are! stand your ground!

[Dollychris]

Thank you all and also for your valued reply cathsfromaron and we will most definitely stand our ground. We are fair, honest people and it is terrible when your kindness is taken for granted and abused. Best Wishes all and we really appreciated your advice. We didn't expect it to be plain sailing - nothing worth doing ever is but we are learning quickly...........x

[joko]

they are trying it on.

if they were not happy with the label tennant then he should have moved out. you cannot live somewhere with an agreement in place, then change your mind when it suits you...they agreed to YOUR terms and made use of your side of the agreement...