1 year ago | 14 comments
Hi, I recently had a tenant who refused to handover the keys after the check out unless I agreed, in writing, to return the entire deposit (held in a government approved scheme). He insisted on an email confirmation before handing over the keys.
There was damage to the property and appliances, other than normal wear and tear. The tenant stated that he needs the deposit immediately to secure a new place otherwise he will be homeless.
There was a further claim that this is the advice he was given by his local council! I was also told, very helpfully, by the tenant’s friend ( who claimed to be a seasoned landlord) that it will cost me more in time and money to get the flat back so I had better agree to their terms. The tenant had five of his friends attending the check out appointment.
The tenant also did not permit any viewings by potential tenants despite this being in clear breach of his agreement.
I have taken a view and dealt with the matter. It was a very unpleasant and stressful situation. Media talks about landlord being the bad guys and tenants being taken for a ride.
However, I would like to know if any other landlords have had a similar experience and how they dealt with this? Legally, is the tenant allowed to do this?
Thanks,
Chris
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1 year ago | 14 comments
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Member Since February 2016 - Comments: 194 - Articles: 1
9:39 AM, 4th April 2025, About 1 year ago
It’s for this reason that I use the insured scheme every time.
Member Since March 2023 - Comments: 41
9:57 AM, 4th April 2025, About 1 year ago
Let him keep the keys. Have the locks changed and claim the cost from the deposit. Job done.
Member Since February 2023 - Comments: 39
10:30 AM, 4th April 2025, About 1 year ago
If they have actually left and handed over most keys the tenancy has finished. Take pictures and video to confirm it’s vacant. Ask the other tenants for confirmation on they’re collectively liable as joint tenants.
Then just change the locks and issue a massive bill for being a moron.
If he rebuts tell him to go to court.
Member Since April 2016 - Comments: 49
10:45 AM, 4th April 2025, About 1 year ago
So Chris, what ‘view’ did you take, and how did you deal with the matter, as you mention in your penultimate paragraph?
Perhaps you gave in to his demands? If so, maybe you can pursue a claim through Small Claims Court with your check-out report as evidence, then if successful move to the ultimate goal of CCJ if he doesn’t pay up?
Very unpleasant for you, and there are some ‘tricky’ tenants out there that like to take us for a ride.
Member Since April 2021 - Comments: 94
12:02 PM, 4th April 2025, About 1 year ago
The tenant is obviously poor at negotiating, otherwise he would have stayed put and said he’ll only leave on receipt of his deposit. I hope you simply changed out the locks and added that bill, plus the other damages you identified, to a claim against his deposit.
Member Since January 2023 - Comments: 26
2:51 PM, 4th April 2025, About 1 year ago
Reply to the comment left by LordOf TheManor at 04/04/2025 – 09:39
What is the “insured scheme”?
Member Since April 2025 - Comments: 1
4:42 PM, 4th April 2025, About 1 year ago
Reply to the comment left by Susan Robinson at 04/04/2025 – 10:45Yes. I negotiated a small amount to be held back from the deposit and had to let go of the rest. The amount held back will not cover even 10% of the repairs needed .
Just to clarify, the tenant stated that he will neither hand over the keys nor leave the flat nor pay any rent.
Based on my research, if the tenant does not hand over the keys, the tenancy is not finished and the landlord is not allowed to change the locks or enter the property without the tenant’s permission.
The tenant might have been trying his luck but it would have been a costly exercise to try and call his bluff, costing me time and money and lot of stress.
Obviously, stories like this are unlikely to be picked up by the media as these do not reinforce the anti landlord narrative.
I’d dare any tenant to try this when large corporate landlords take over the sector. Tenants will have the good fortune of living the nightmare that many leaseholders find themselves in.
Member Since April 2025 - Comments: 1
6:19 PM, 4th April 2025, About 1 year ago
My understanding, if they do not return the key you can charge rent. Because legally they still in the property.
You cannot evict them without a court order. If you change the lock, they can take you to court for unfair eviction.
In term of deposit. You can say i will return deposit however any damage beyond wear and tear will be charge to you. Ask him to accept your T&C. Ask them the new address where they will be living in writing by email and if they lie uiu take this to court on top of not paying you back the repair.
In term of not giving access while he was in to show your flat around, that is a breach of your agreement.
Best of luck
Member Since June 2020 - Comments: 19
12:21 AM, 5th April 2025, About 1 year ago
Reply to the comment left by Small Portfolio Landlord at 04/04/2025 – 09:57
How can you change the locks if he kept the keys? That’s you in trouble, isn’t it
Member Since September 2023 - Comments: 7
12:22 AM, 5th April 2025, About 1 year ago
Note that even if the tenancy agreement permits you to organise viewings during the end of the tenancy, most views I have seen is that a tenant can refuse under their statutory right of quiet enjoyment (the contract can’t override the law – just like a clause saying you have a right to install cctv in all internal areas would clearly be invalid).
That aside, if there are reasonable damages, go after them or any guarantor via small claims. Outside of that, just chalk it up as an expense and move on