I recently had tenants agree and sign a contract to rent my house for a year. However one week before moving in he called me and said he would not be moving in and wanted his deposit back. Today i received a solicitors letter saying he was pursuing me legally for the deposit. Where do i stand?
Deposit query
- Thread starter Brookner
- Start date
Y
Yorrick
Guest
I am of the opinion that you are correct in keeping the deposit. Once they committed to a contract you presumably cancelled other viewings, advertising etc.
Pursuing you by legal means is a lenghty and costly exercise. The solicitor is just chancing his arm. For a quiet life you could always offer part of the deposit back citing the expenses you incurred and the potential tenants you cancelled but this would be a goodfwill gesture only.
Pursuing you by legal means is a lenghty and costly exercise. The solicitor is just chancing his arm. For a quiet life you could always offer part of the deposit back citing the expenses you incurred and the potential tenants you cancelled but this would be a goodfwill gesture only.
Aye, might be worth sending a letter reminding them that they owe you a year's rent 
Not that i suggest you try to enforce that, but at the end of the day, they did sign a contract. The fairest thing to both parties (not that it would be easy to enforce either) would be to re-let it yourself, and charge this chancer for the time between when they were due to move in and when the new person was due to move in.
Probably the hardest-for-them-to-argue-with option is to re-let it ASAP like i said above, but cap the 'charges' to them at whatever you have from them as a deposit
Not that i suggest you try to enforce that, but at the end of the day, they did sign a contract. The fairest thing to both parties (not that it would be easy to enforce either) would be to re-let it yourself, and charge this chancer for the time between when they were due to move in and when the new person was due to move in.
Probably the hardest-for-them-to-argue-with option is to re-let it ASAP like i said above, but cap the 'charges' to them at whatever you have from them as a deposit
Did they give a reason why they are not going ahead with the tenancy? Were you in breach of contract by not providing them with something that was particularly relevant to the contract? Normally they wouldn't have a leg to stand on, I'm surprised the solicitor sent the letter & that's why I'm asking was there a reason for them backing out.
He asked me to meet him at the house when the other tenants (friends of his) had left. I met him and he said the house was filthy - which was not the case and that he would require new wardrobes aand bedside lockers. not only did i agree to that but i also agreed to paint all the rooms in the house. He agreed and i said i would have it ready for him on the required moving in date. He went to the letting agent andsaid he wasnt moving in and that it was too mush hassle for his wife!