deposit - rent in advance

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Hi

Basically our tenant has signed a contract until the 14th September 2010, but he wants to leave on the 31st July 2010. Are we liable to pay his month in advance and deposit back to him?
The tenant is expecting this back but my understanding is that if he breaks his contract we don't have to pay it back? Am i wrong?

Please help

Thanks 

:)

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gemmadee Members Profile Send Private Message Find Members Posts Add to Buddy List Member Joined: 29 July 2010 Online Status: Offline Posts: 3	Quote Reply Topic: deposit - rent in advance Posted: 29 July 2010 at 10:26am
	Hi Basically our tenant has signed a contract until the 14th September 2010, but he wants to leave on the 31st July 2010. Are we liable to pay his month in advance and deposit back to him? The tenant is expecting this back but my understanding is that if he breaks his contract we don't have to pay it back? Am i wrong? Please help Thanks :)

Richlist Members Profile Send Private Message Find Members Posts Visit Members Homepage Add to Buddy List The 2,000 Posts Club Joined: 01 January 2007 Location: UK/Spain/France Online Status: Offline Posts: 3332	Quote Reply Posted: 29 July 2010 at 10:35am
	If your tenant has a tenancy agreement that ends on 14th September 2010 then he is liable to pay the rent up to the end of that contract. Wether he pays all the rent and gets his deposit back or wether he pays less rent and you claim some/ all of the deposit to make up the shortfall will depend on the the situation. If you have rent guarantee insurance or a guarantor it may be easier to get what you are owed.
	Comments assume you're in England/Wales, pay under £2083 monthly rent and that your last AST was dated after 6/4/2007. Probably the best landlord in the world - well if its good enough for Carlsberg.

gemmadee Members Profile Send Private Message Find Members Posts Add to Buddy List Member Joined: 29 July 2010 Online Status: Offline Posts: 3	Quote Reply Posted: 29 July 2010 at 10:38am
	Lovely thanks for your help. He has paid in full his deposit and rent in advance but he is not paying any other fees to us and he will be leaving on the 31st of july 2010. Therefore i am able to keep both the deposit and rent in advnace to cover a shortfall for one and a half months?

Richlist Members Profile Send Private Message Find Members Posts Visit Members Homepage Add to Buddy List The 2,000 Posts Club Joined: 01 January 2007 Location: UK/Spain/France Online Status: Offline Posts: 3332	Quote Reply Posted: 29 July 2010 at 10:47am
	Therefore i am able to keep both the deposit and rent in advnace to cover a shortfall for one and a half months? The deposit should be protected in one of the official schemes. So, it shouldn't be possible for you to 'keep' it ....you will have to claim it from the scheme. If its not in a scheme you are breaking the law and your tenant could claim X3 the deposit as compensation. Any shortfall in rent should be claimed from the tenant through the County Court.....its dead easy to file a claim onine.....subject to you having protected the deposit.
	Comments assume you're in England/Wales, pay under £2083 monthly rent and that your last AST was dated after 6/4/2007. Probably the best landlord in the world - well if its good enough for Carlsberg.

gemmadee Members Profile Send Private Message Find Members Posts Add to Buddy List Member Joined: 29 July 2010 Online Status: Offline Posts: 3	Quote Reply Posted: 29 July 2010 at 10:49am
	Thats great thanks i will contact the rent deposit scheme.

Richlist Members Profile Send Private Message Find Members Posts Visit Members Homepage Add to Buddy List The 2,000 Posts Club Joined: 01 January 2007 Location: UK/Spain/France Online Status: Offline Posts: 3332	Quote Reply Posted: 29 July 2010 at 10:54am
	Just a few of clarifyers...... 1. You won't be able to claim 'rent' owed until it is actually owed. 2. If you recover the rent until the end of the contract you cannot relet the property and get paid again for the same property for the same period. 3. If you relet the property before the end of the existing contract you should claim less from the current tenant.
	Comments assume you're in England/Wales, pay under £2083 monthly rent and that your last AST was dated after 6/4/2007. Probably the best landlord in the world - well if its good enough for Carlsberg.

Grampa Members Profile Send Private Message Find Members Posts Add to Buddy List The 1,000 Posts Club Joined: 28 August 2008 Location: England Online Status: Offline Posts: 1348	Quote Reply Posted: 30 July 2010 at 8:57am
	Have you informed the tenant in writing that as they have signed a contract they have a obligation to pay the rent for the total period of it unless to can get another tenant. The tenant may not know (not many read all the contract)
	The advice I give should not be construed as a definitive answer, and is without liability.

deposit - rent in advance

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