I have ended the tenancy for my tenants upon their request to end early , almost 8 months before their actual contract ends as they are having family issues overseas and decided to move back.
They agree to pay the final months rent and check the proper once they vacate and if everything is ok, refund the deposit by informing open rent - they also agreed with this
I have arranged for viewing, made new reenact with new tenants from 1st of July and ended the current tenancy and asked them to pay the June’s rent till 30th on pro rata as their normal monthly cycle is 6th of every month again which they agreed to.
Now they want to lay £400 and take rest from deposit which I dint agree for
Also on several occasions in the last 4 years , rent was paid late which I have proof of, but dint take any action.
You can only try to negotiate as you cant do much when theyve gone abroad. I suggest you do an early inspection to satisfy yourself that youre not going to need the whole deposit for damage and cleaning.
If it was paid then fine. Being late isn’t relevant to current issue.
I don’t understand this. If you mean “pay” £400, well that means nothing to us because we don’t understand the figures involved. How much should they pay?
You can take missing rent from a deposit and if it covers it, why not? I would get them to agree to this in writing before they vacate though so that you have proof if they do the dirty and challenge this when you try to claim from the deposit.
They may want to keep their cash in hand now because they’ll have up front expenses for a new place. They can’t access the deposit for 10 days or so after they leave so it makes sense they would rather leave you to claim from deposit which you hold anyway.
I can’t see a problem unless obviously the deposit doesn’t cover what they owe.
Thank you for the response. Agree being late is not the current issue. Basically on pro-rata basis, they need to pay £1041 as they are vacating on 30th of June instead of 6th of July which their normal rental month ends. Out of this amount they want to pay £400 now and take the rest of from the deposit, refund any left out deposit.
I have visited the property after they gave notice and noticed few issues to be fixed.
I clearly told them that I can not request open rent to refund until they vacate and property is inspected.
Now they agreed to pay the amount by end of the week commencing 9th June.
I’m not familiar with the OR RentNow application, but the only ways for you to end the tenancy without going to court are a valid notice from the tenant or a deed of surrended signed and witnessed on departure.