Served Section 21 what next?
3 years ago | 8 comments
Tenant left without serving a notice?
9:23 AM, 3rd October 2023, 3 years ago
15
Hello, I am looking for some advice from Property118 readers. A tenant left without serving a notice, which was required in the AST.
My question is: Can I claim the deduction from their deposit for the rent they are still liable for?
I did find a new tenant shortly later to move in. Am I restricted in charging the previous tenant rent till the new tenant moves in?
Any advice would be greatly appreciated,
Mike
Tags:
Advice for UK Landlords, leaving without notice, rental agreement, rental property, tenant notice
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Member Since April 2015 - Comments: 3
12:32 PM, 4th October 2023, About 3 years ago
Thanks for all comments! I originally posted this. Let me fill with more details:
I had a 6 months fixed AST with clauses to say
1. the AST becomes periodical immediately after the fixed terms end,
2. they need to give at least two months notice to end the AST.
The tenant never served their notice and left at the end of 6 months. I’d like to see if I can claim from their deposit for this breach for the notice period.
I did find new tenants to move in shortly after, does that limit how much I can deduct the deposit from the previous tenant?
Member Since April 2015 - Comments: 3
12:34 PM, 4th October 2023, About 3 years ago
Another question would be how I can make sure the tenant must serve notice at the end of fixed terms of the AST?
Member Since July 2013 - Comments: 2002 - Articles: 21
2:01 PM, 4th October 2023, About 3 years ago
Reply to the comment left by Mike at 04/10/2023 – 12:32
Mike, you cannot lawfully deduct anything. You cannot require two months’ notice – one is the maximum at present, soon to change when the RRB comes in – see my post above. Even if you could you would have to give credit for the new tenancy.
Member Since July 2013 - Comments: 2002 - Articles: 21
2:02 PM, 4th October 2023, About 3 years ago
Reply to the comment left by Mike at 04/10/2023 – 12:34
You can’t.
Member Since September 2023 - Comments: 157
10:23 PM, 10th October 2023, About 3 years ago
If your AST explained that it moved onto a contractual periodic tenancy at the end of the fixed term, then a months notice is required. Without giving notice, the tenancy continues and rent is due so can be deducted from the deposit
However if the AST said nothing about the periodic tenancy, then so long as the tenant left the property on the last day, a periodic tenancy would not form and the AST would end, no notice required.