Tenant stops cheque after leaving property
My tenant of 5 yrs gave notice to me on 15th Jan. Her rent day was 30th of month and she gave her leaving date of 28th Feb. Tenant did not give written notice, she told me by phone, but I confirmed by letter that I had received her notice and her leaving date was 28th Feb. She then said she would be leaving before the end of her tenancy but she sent her cheque to pay until end of Feb and asked for her deposit to be released.
She dropped off her keys with letting agent, flat was in good order, new tenants lined up to move in 1st March. I told agent to release her deposit. Then her cheque is returned to me as stopped. Tenant claims she has been told someone else is now living in the flat and refuses to pay last months rent. I realise I have made mistakes in not getting written notice and releasing her deposit before the end of the tenancy but no-one is in the flat until 1st March. Tenant thinks she doesn’t have a contract because she hasn’t signed one since she moved in. She was on a periodic tenancy. Could you please tell me, is the tenancy officially ended when the keys are given in and the deposit returned or on the last day of tenancy? Is it worth me chasing this debt?
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Can my leasehold tenant do that?
Member Since June 2013 - Comments: 704
11:25 AM, 26th February 2014, About 12 years ago
Just to finish you can’t have two tenancies running for the same period for any reason, it is impossible.
Except for one day if one moves out and the other moves in on same day because they are both liable for that day.
You can have two tenancy agreements, covering different dates but not the same apart from the one day.
Member Since July 2013 - Comments: 282 - Articles: 2
1:02 PM, 26th February 2014, About 12 years ago
Reply to the comment left by “Sue P” at “26/02/2014 – 10:27“:
I agree with Sue !
You’ve been fair and generous by returning the deposit early.
You are due your last month’s rent.
Member Since January 2011 - Comments: 12212 - Articles: 1408
3:16 PM, 26th February 2014, About 12 years ago
Reply to the comment left by “Jeremy Smith” at “26/02/2014 – 13:02“:
I agree.
Register this tenant with LRS – http://www.landlordreferencing.co.uk/
Make a claim via the Small Claims Court.
.
Member Since January 2014 - Comments: 59
11:40 AM, 4th March 2014, About 12 years ago
Reply to the comment left by “Mark Alexander” at “25/02/2014 – 09:04“:
Hi
Dont know if this is worth a shot but when i went to bank to stop a cheque for builders that had not completed the work, I was told that they cant do this without proof that the cheque is “fraudulent” for want of a better word.
Might be worth asking the bank how this was allowed to happen & if they can reclaim it.
might be worth a call to the bank first.