Fergus Wilson Panorama documentary – now available on iPlayer22:10 PM, 18th March 2019
About A week ago 99
I have an ugly situation on my hands here despite my many years experience in lettings.
Our new tenants (& guarantor) signed an AST last month. After they signed and returned it, a full week later I was informed that they had changed their mind. They had made a partial payment (not even close to what was due) and have been insisting they want this returned.
Now, being a reasonable person I said I would not hold them to the 6 month contract but re-advertise, and then they could pay a daily rent up until a new tenant came in, which happily, happened very quickly.
Despite weeks of negotiation the previous tenant is not in agreement and insists they want all their money back and refuse to pay any rent even though they signed the contract.
They are calling the part payment their deposit. I have tonnes of email correspondence demonstrating our weeks of negotiation, as I was hoping it would all be resolved amicably. As it hasn’t been resolved I took the precaution of sending this small payment to the custodial scheme, but they’ve now realised its four days past the 30 day allocated time to register and want to take me to court.
I have said that’s fine but of course, I’ll be issuing a counterclaim for breach of contract and rent owed. Will the judge automatically make me pay them x3 of this money? I have heard judges look at cases individually and clearly this is not a black and white case!
Any feedback would be appreciated!
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