You dont have any statutory rights to conduct viewings during the tenancy. You may have a contractual right, (see the agreement), but in practice you cant really do anything if she refuses.
You tenancy agreement may also contain a clause stating that she cant pay rent from the deposit. You can tell her you dont accept the suggestion as you wont know whether the deposit is required for damage etc until she leaves and a full inspection is completed.
Thanks David122, yes def says you cannot pay rent from the deposit, but she said no one has ever had an issue and she is not budging on this.
The agreement says:
9.43. To permit the Landlord, and any superior landlord, or the Landlord’s employees/agents at al reasonable
times after giving the Tenant at least 24 hours’ notice (except in an emergency):
to enter the Premises to inspect the same and the Landlord’s furniture and effects therein (if any);
to carry out any works of maintenance or repair to the Premises or elsewhere which the Landlord may
consider necessary;
to take gas, electricity or water readings;
to carry out the Landlord’s obligations under this agreement;
to inspect the Premises for the purpose of preparing an EPC and recommendation report for the Premises
or the building of which it forms part and the Tenant shal cooperate with the Landlord so far as is
reasonably necessary to enable an EPC and Recommendation Report to be obtained;
for any purpose mentioned in this Agreement or connected with the Landlord’s interest in the Premises;
to enter and view the Premises with any prospective future Tenants or purchasers during the last 60 days
of the tenancy.
The Tenant shall be liable for al reasonable losses resulting as a consequence of the Tenant’s failure to allow access to the Premises
You are banging your head against a brick wall thinking you can make her let viewers in. Forget it… I had a person forfeit the deposit in lieu of rent . He signed a statement to that effect, and I got the deposit back
The problem is that whilst you have a contractual right to enter with prospective tenants, she has a competing right to quiet enjoyment. She can simply refuse access and you cant force your way in.
If you want you can remind her that refusing to pay the last months rent is a breach of contract and that if she doesnt pay and the combined cost of damage and rent arrears exceeds the deposit, its your policy to always sue in court for the full amount.
I have reminded her, a good few times now, but she simply does not care - when she explicitly told me in writing (email) right at the start, ‘I always pay rent on time’.
if the contract states what the deposit can be used to cover and it doesn’t include rent, then write quoting the contract and stating how, as a lawyer, she can understand why you cannot breach the terms of the contract to deduct rent owed from deposit.
if she refuses to pay it on these grounds, I’d point out that this will leave you with no alternative but to pursue her through small claims court for non payment of rent
What you don’t want to find is that you accept the deposit deduction and then when you go to return deposit, she challenges this deduction as it’s not in line with the contract and ends up walking away with the entire deposit. I’m not even sure a written statement that she will agree to this will stand up in court because it’s effectively you asking her to breach the terms of the contract.
Don’t take the final rent from the deposit. The deposit has a very specific purpose and it most definitely is not for covering unpaid rent (although some people do this). Insist on normal payment or inform the tenant that you are making a claim through Money Claim Online (gov) which will result in a court judgement against the tenant. As a ‘lawyer’ that would count very heavily against her in her professional standing and she would be obliged to let the SRA or Bar Council know. I believe you can also claim for the cost of MCOL + interest in your claim.
The purpose of the deposit will be described in the contract and it may be used towards unpaid rent , although there are usually several reasons for which it may be used .
Hi all thank you for all your responses. I have literally tried everything with her, and now she is insisting I return her deposit minus rent ASAP, without even viewing my flat. She is so demanding and using her authoritative ‘lawyer’ tone and language to try and bully me!
Are you talking about 5 days rent? I would avoid conflict with a tenant over this, especially as they are leaving. Do the walkthrough as usual and include amount owed in deductions, " £ x as requested by tenant". If it goes through, fine. If she changes her mind, take action to recover rent and friendly inform her that arrears and action will have to go on your landlords reference now and in future.
I restrict viewing when a property is occupied to a minimum, so choose someone I am happy with, maximum 3 applications, all in same hour, when possible, to minimise inconvenience to tenant, mindfull it is their home. She may have been frustrated by the number of viewings - why so many? Falling out with a tenant is to be avoided, where possible.
A lot of hidden damage can occur when an upset tenant leaves.
Co - operation and helpfulness goes a long way.
No Kathy, not 5 days rent, 12 days rent. She has agreed in writing already that she accepts it to be taken out her deposit. She wants it now asap, before she is meant to vacate. Cooperation with someone like this is very hard. She is a bully tbh, the previous landlord told me this only recently when I reached out to them!
Nadya, is this an openrent arranged tenancy?
If so she does not get the deposit back until you say so and it’s the 10 days to negotiate between the two of you and then it goes to arbitration.
Don’t give in to bullies. Never.
I had the same situation last month. Tenant refused to pay for last 23 days so I kept quiet until the keys were in my hand and she was gone. Luckily house was clean and no damage. 23 days rent came to me on day 6.
Did you do an inventory on check in ? Stick to your guns. Any deposit minus damages and unpaid rent will be returned after 10days of her leaving date and not before as you have to check over property and call in cleaners, tradesmen if found necessary. Take your time. She must be present when you go through inventory . She signs to say she agrees to the inventory and discrepancies. Also get a release document for her to sign with a forwarding address on it before she disappears as mine did. No address for mail / bills / serving CCJ - no deposit.
Yes it is an open rent tenancy Ray. I agree and I did tell her this but she keeps using words like ‘immediately’ and ‘right away’ etc, even though I told her multiple times I will not be listening to her demands.
You won’t believe this, but I somehow forgot to send her the inventory checklist. It was sitting in my drafts, and I thought I had emailed it over. I forgot. She has said in emails she has a cleaner that comes every 2 weeks to clean the flat, the flat is spotless, its neat and that she has maintained it like her own home. I have photographic evidence of all the items I gave it with. Not sure if that would help me or not. She said she was going to give me the forwarding address, but doubt she will now after all this drama. I even have her original email when she showed interest in the flat saying ‘I pay all rent on time’ etc. She has in-fact delayed her rent previously and I had to remind her to pay.