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Question

Ending a Tenancy (England) | England | Tenant Moves Out (England)

unpaid rent after moving out

17 Jan 2022 | 8 comments

Hello, My tenant moved out yesterday and has not paid last month’s rent. Having inspected the property, The garden was left in a mess even though I had specifically asked her to clear it. Plus, stained carpets, broken kitchen cupboard, broken shower rail,  etc… when I texted her these points, she accuses me of ‘creating drama which validate me being silly’ ! Do I raise a dispute with TDS or can I say there was no dispute and keep the month’s deposit for the unpaid rent, forego the damages and move on?  Many thanks for your help.

Answer

8 Comments

  1. guildy

    It’s probably a bit soon to say there’s no dispute because not sure that’s true at this time.

    If you’ve used their insured scheme and have the deposit, you don’t need to do anything. After 10 days from end of tenancy, the tenant can request the deposit from the scheme and then you will transfer it to the scheme and it will go into dispute resolution.

    If custodial, you can request the deposit be paid to you and await the tenants response. If no response, there’s a procedure for claiming it back (but will worry about that later).

    From what’s described, there’s going to be no issue in you retaining the deposit because the months rent alone will presumably take up most of the deposit. Rent arrears are always the easiest to prove.

  2. royara

    Hello,
    Thank you for your very helpful advice which we have followed.
    We received a text from the tenant Saturday 22nd stating that she only has to pay 15 days rent which we should take from her deposit and send the balance to her.
    We disagree with this:
    on 11/1/22 she told us she intended to leave on the 16/1/22 and would pay the rent until that date. We pointed out rent is payable monthly but to be helpful we agreed on16 days of rent and daily rate afterwards if moving out is delayed.
    We also pointed out that on the last day, we should meet in person, check the flat together and sign the tenancy off. Her response to this was ‘ I think your phone is broken !!!!’.
    On Saturday 15th evening we received a text saying she had left the flat and would be paying 15 days rent, which she would sort out the next day (Sunday).
    We categorically disagreed and in the face of yet another agreement being broken by her, we withdrew our initial offer of 16 days rent payable and said we will return to the monthly rent due.
    Her response to this and our requests re damage to the flat etc, was – you are being dramatic and silly.
    Then we heard nothing until the text Saturday.
    Do we now contact the Deposit Scheme and raise a dispute, or wait until she instigates something? (The ten days you mentioned will be up on Tuesday 25th )
    And what if she doesn’t?
    What do we do now?
    Once again many thanks for your help and advice.

    Regards

  3. guildy

    You can contact the deposit scheme and request the deposit is paid to you anytime (we assume it’s in a custodial scheme from what’s described). This should be done via their website.

    We’re not sure about the agreements made regarding the several days rent and whether that could be withdrawn but just put everything down on your request (all rent being claimed, damages etc.). That way if it goes to dispute resolution, you’ve claimed everything possible.

    Once you’ve made the request, if the tenant disagrees, it will go to dispute resolution and the scheme will decide who should get paid and how much. You will need to send evidence (if it goes to dispute) which will include rent statement, invoices for damage repair etc. The scheme will keep you informed of everything they will need.

  4. royara

    HI,
    Thanks for your response.
    The deposit is not in a custodial scheme, it’s in the insured scheme and we have the deposit. Does that affect our course of action?
    Re the 16 days rent business: it was a ‘this is what I’m going to do’ statement from the tenant which we pointed out was not the way things are done, but in the interest of speedy resolution we would accept 16 days of rent. There was no acceptance or acknowledgement from her of this.

  5. guildy

    If it’s insured, as per earlier reply, you don’t need to do anything.

    The tenant can make a request to the scheme, but that’s for them to do and if they do, the scheme will provide instructions.

  6. royara

    Thank you.
    What happens if she does not make a request? Do we just wait for a few months and carry on regardless?
    We haven’t responded to the last text from her; if she continues texting is it best to ignore them?
    Sorry to be so finicky but we are quite in the dark here.
    Thanks again.
    Regards

  7. guildy

    If she makes a request, the scheme will provide instructions.

    If not, then you can raise a dispute yourself with the scheme directly (via their website) and they will provide instructions. Then, you can reply to her telling her that a dispute has been raised with the scheme, and she should contact them.

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