Can I cancel the tenancy agreement if deposit not paid?Make Text Bigger
We rent out a lovely one bed flat in a University town. A PhD student from overseas has recently agreed to rent the property for 12 months from 20th September and has signed an AST (electronically) accordingly. We have requested that she pay the deposit, which she claimed (by email) to have paid by PayPal on Sunday afternoon.
We have not received the deposit, and have emailed her several times since Sunday to inform her that it hasn’t been received. There has been no response to these emails.
We have reviewed all email communication with her, and we clearly stated “the deposit is required to secure the property” on the email in which the tenancy agreement is discussed. Meanwhile, we have prospective tenants continuing to enquire about the (now vacant) property, with one very keen to start their tenancy within the next few days.
Can we inform the first tenant that we are cancelling the contract on the basis that the deposit has not been paid, or would it be unwise to do so?
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