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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 8580
Experience:  Solicitor
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I have 6 months tenancy unto 13th June with no break clause

Customer Question

Hello there,I have 6 months tenancy unto 13th June with no break clause with condition to extend for another year if the tenant produced an extended visa by 13th April which she did. However they moved out on 5th May and emailed me 2 weeks before that they are moving out as they were still getting bitten by insects even after 4th treatment.The tenants reported bites from bed bugs after 15 days being in the property on 29th Dec while I was away for Xmas , even produced doctors report. I organised a treatment on 4th Jan and the pest control expert didn't find any evidence of any insect activity including bed bugs but carried out treatment on my request. However the treatment was restricted as the tenant is pregnant and she didnt let them treat under the staircase. when I got to know this I told them I won't be paying for any further treatment, there hasn't been any issue in the past.The tenants then haired a contractor themselves and carried out treatments without my consent or knowledge. then sent me an invoice for the treatment + hotel+ food expenses and also demanded half price rent for first two months. I agreed to give that and then then told me there was further infestation so they demanded half price rent for further 2 weeks ...I was getting constant emails demanding more and more money off so I contacted the contractor who carried out treatments for them and he told me he didnt see any evidence of insect activity either but carried out treatments based on tenants requests as tenant kept on reporting bites.subsequently the tenants decided to move out on 5th May and posted the keys through. I wasn't around and didnt attend the check out they had organised. I am holding them liable for rent till end of fixed term/13th june however I marketed the property and new tenants has offered to move in on 9th June. can I accept the offer or do I need to wait till end of fixed term?I wrote to the tenants about the offer but they said they think the tenancy ended the day they moved out i.e on 5th MayThey are asking for deposit and telling me I am in breach of TDS but for me the deposit is only released at the end of tenancy.
Also there are almost £4k arrears and the deposit is only £2400 . The property was left clean but the floor and carpet had white film of the poison from the pest control treatments. I will need to get the property disinfected before renting out again. what deductions can I claim? do the tenants have a claim when the experts haven't seen the evidence ?
Submitted: 4 months ago.
Category: Property Law
Customer: replied 4 months ago.
reports for pest control experts
Customer: replied 4 months ago.
tenancy agreement
Customer: replied 4 months ago.
Pest control report from the contractor hired by the tenants
Expert:  Jamie-Law replied 4 months ago.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Expert:  Jamie-Law replied 4 months ago.

You need to write and set out your losses and request payment (loss rent, letting fees etc) within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 4 months ago.
sorry it doesnt help ? what to do with TDS deposit ? can I accept the new tenancy before the previous one expires ?
Expert:  Jamie-Law replied 4 months ago.

Yes, you can. Then you can only claim for losses up to that period.

As for the TDS deposit, you can seek a Court order that these sums are offset against the arrears.

The deposit is only released when the tenancy ends.

Does that clarify?

Customer: replied 4 months ago.
sorry the next steps are not very clear.. its a generic answer which I know
Customer: replied 4 months ago.
do I need to inform TDS about the court claim
Expert:  Jamie-Law replied 4 months ago.

You don't. Issue the claim against the tenant and once you get a CCJ, ask the Court that the deposit is released to you.

Does that clarify?

Customer: replied 4 months ago.
I have the pest control expert report but the tenant have doctors certificate of the bites and a photo of a dead flea ..but the tenant is still threatening and being aggressive do they have a claim if experts say no evidence?
Expert:  Jamie-Law replied 4 months ago.

No. Your expert report is better evidence.

Does that clairfy?

Customer: replied 4 months ago.
As they have moved out and posted the key saying the tenancy has ended, I can sign a new tenancy starting from 9th of June and organise a check out on 7th June while the fixed term ends on 13th june
Expert:  Jamie-Law replied 4 months ago.

Yes.

Does that clarify ?

Customer: replied 4 months ago.
I will look into Court claim, what happens if there is a counter claim?
Expert:  Jamie-Law replied 4 months ago.

The court will deal with that too.

Does that assist?

Customer: replied 4 months ago.
If I apply to the court do I need to attend the hearing? The guy is very aggressive I don’t want to see him
Expert:  Jamie-Law replied 4 months ago.

Yes because the Court wont make an order without him being present. It would be unfair.

Does that clarify?

Expert:  Jamie-Law replied 4 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the bottom of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.