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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice.
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Hi I have a tenant who gave me notice the day before she moved

Resolved Question:

Hi I have a tenant who gave me notice the day before she moved in. The agreement she signed states she should give me one months notice. She did not return the keys or remove all of her belongings until 5 days after the date the tenancy agreement started. Can I keep some of the money/deposit?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

Is there any reason you think you may not be able to?
Customer: replied 3 years ago.

Hi not sure I understand your question?

Expert:  Remus2004 replied 3 years ago.
Thank you.

I'm not sure why you are worried about doing this?

Clearly, the tenant has left without giving you reasonable notice. You are entitled to reasonable notice and in default you are entitled to retain some of the deposit to reflect your loss in rent.

It does depend what type of tenancy she is upon but even if this is a lodger living in your house and sharing amenities with you, there is still an obligation to give you reasonable notice and that usually means no less than one month.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Hi just to clarify my original question. Does it make any difference if she gave me notice the day before she moved in?

Expert:  Remus2004 replied 3 years ago.
not if it does not amount to one month or at the very least one term of the rental period
Customer: replied 3 years ago.

So basically even if a tenant dosn't actually move into the property. Because they sign the tenancy agreement they should give reasonable notice as stated in the agreement.


 


Thanks

Expert:  Remus2004 replied 3 years ago.
Yes, absolutely.

In fact, the tenant doesn't have to live in the property at all if they choose not to do so. But if they agree to rent it than they are liable to pay
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