![]() Note that it is easier for both you and the tenants to agree a settlement out of court, than go to court. If you dispute what this should be, you can take the case to your local county court. If you decide that damage done by the tenant comes to more than the deposit, you may wish to make a dilapidations claim in the county court.įor unprotected deposits you can simply pay the tenants the agreed amount. You can find out more about the procedure for resolving tenancy deposit disputes. ![]() If you cannot agree on a deposit settlement and the deposit is protected under a protection scheme, then you should refer the dispute for arbitration by informing the scheme administrators. They will either pay the agreed amounts to you and to the tenants within 10 days (in the case of a custodial scheme), or you will be required to pay the tenant the amount agreed and notify the scheme administrators (in the case that you have used an insurance schemes). If the deposit is protected by a deposit protection scheme, then inform the scheme administrators of the outcome. Remember that you cannot deduct from the deposit for fair wear and tear resulting from normal use. Return of depositsĪfter you have checked the property (conducting a second inventory) and have resolved any issues relating to the deposit, the tenants must vacate the property and hand over their keys before you arrange for the agreed deposit amount to be released. If the property is clearly vacant, for example if the tenant's possessions have been removed or they have returned their keys or left them behind, then you may reasonably assume the property has been surrendered.įor more information, read our article about tenant abandonment. That said, if the tenant owes rent you may be justified in re-entering the property. If you try to re-enter or repossess without a court order you could be charged for unlawful eviction. Unless the tenancy has been ended by the above conditions they are still legally in residence regardless of how long they have been away or how large any rent arrears. There are any number of legitimate reasons a tenant may have for leaving temporarily that do not imply surrender.ĭo not enter the property or interfere with their possessions until you've obtained a possession order through the court. Never assume tenants have vacated without proper evidence. What if the tenants appear to have abandoned the property? You should remind your tenants about this.īe sure that you are not taking on any sublets or lodgers arranged by the tenants: surrender should be conditional on you receiving a vacant property. Tenants are liable for paying rent until the tenancy is ended legitimately. If your tenants want to leave before the end of the fixed term, or if they want to leave at a time that isn't the end of a rent period then you should record your mutual agreement to end the tenancy at that time with a deed of surrender. You don't want the situation to be thought of as a retaliatory eviction for example. agree (if possible) on how much of the deposit will be returned and in what timeframeīe careful of accepting surrender by accidentīe wary of accepting surrender when you do not intend to do so, for example by accepting tenants' keys or engaging in verbal exchanges that could be misunderstood.check the property for damage by the tenants using the inventory.Make an appointment for handover with your tenants during which you will: Make sure you have a copy of your original inventory or schedule of condition. For example, that they should leave the house in a clean state. If the tenants do intend to leave, you should remind them of their obligations under their agreement before they vacate. You can ask informally, such as by a telephone call or e-mail message. You should make sure you know when the fixed-term of the tenancy ends, and check in advance with your tenants as to whether they intend to leave or continue renting on a periodic basis (usually month by month). The key to a smooth handover is good preparation. ![]() by mutual agreement between the tenant and landlord.after either the tenant or landlord gives notice to the other to end the agreement.when the tenant leaves voluntarily at the end of a fixed-term (as stated in the tenancy agreement).When and how does a tenancy end?Ī property can be surrendered by the tenants under the following circumstances: This article takes into account all the necessary questions that a landlord should be concerned about before the tenants move out. This short guide can help landlords end a residential tenancy.
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