Tenant vacated without any notice on 15th June and posted me the keys. His last rent payment was May and that was late.
I served him sect 21 in May which expires 08th Aug 2023.
He is now requesting his full deposit is returned
If I am right and he owes two months rent arrears, not to mention deductions.
He owes me more than his deposit. Instead of using Mydeposits ADR scheme should I simply file a MCOL ?
Yes, based on what youve said the tenant should have served his own notice to end the tenancy, although he may not have realised that.
You can claim rent from him, but you would have to leave the property empty and not start repairs or cleaning. He would also have a right to return, so you’d have to give back the keys. In theory the tenancy would continue indefinitely untill he serves a valid notice. How long would you keep it empty waiting for him to pay the rent you sue him for, which would keep getting bigger until it became clear that your chances of him affording to pay it are practically nil?
In most cases its better to accept that the tenant has left and move on.
I am in limbo until his sect 21 expires on 8th Aug.
Other than a cursory walk through I have done nothing to or with the property which needs repairs a good clean and re painting.
I have never had to make deductions or had rent arrears before.
I have no experience of using a deposit ADR scheme or it’s process but I have used MCOL so familiar with the process. I just not sure if I trust My deposits to deal with it objectively. The law is black and white so i’m more confident of seeing the rent arrears
The expiry of the s21 notice will change nothing as it does not end the tenancy. If you want to move on you should cover yourself. You would need to write to the tenant asap stating that you have received the keys and you accept his implied surrender and the tenancy has now ended and that if this is not his intention, he should let you know immediately. You should then take photo’s of the property to show evidence that he has left and change the locks. You can then submit a claim for his deposit in lieu of notice, but be prepared for a battle.
I have done exactly as you advised I very much appreciate your help.
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