5 Days Notice & Requesting Deposit Back

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2 Posts
13 years ago
Mitigating Circumstances Regarding X Tenancy withdrawal from my property:

27.7.10 Letter is hand delivered by the tenant stating 5 days notice of leaving the property due to the following reasons :
Mr X feels he has overpaid the electricity service without being made aware due to the installation of a payment meter by EDF on the 10.03.10.
Mr X feels that due to one debt collector visiting the building for a previous tenant that he has no control over the property or what is going on within the property he is renting from me.

Background on the above:

Mr X had not paid for electricity since the tenancy was of the property was undertaken, by him no attempt up until the 25.07.10 has been made by Mr X to contact the current supplier EDF to setup a payment schedule in his name. Instead the matter was left for 5 months whilst electricity usage fees where incurred. on The 10.03.10 EDF visited the property to install an electricity payment meter. At which point Miss XX (Mr X's partner) had been informed by EDF of the repayments which would be added to the payment meter to cover the out standing usage debt. Miss XX states that EDF requested a sum of money to be paid from her to clear the debt or they would take the goods from inside the property. I confirmed on the day that this was not the case as the EDF representative where merely engineer, not bailiffs and did not request anything from the tenant apart from proof of tenancy which Mr X or Miss XX could not produce. I have clarified this further with EDF. The EDF account was still in my name at this time but payment towards the account could of been made.

EDF have since calculated the tenants usage between 03.10.09 to 10.03.10 and conclude there has been an underpayment (not over payment as Mr X proclaimed in his letter to me) by them of £89.02 which has subsequently been paid by Mr X . The property now stands debt free for electrify under his name pending further usage. All other issues with regards to EDF have been transferred into my name.

Mr X has always been aware that he has not paid for electricity prior to 10.03.10 and that any usage amount would have to be paid off before he vacates the property. The payment meter allowed this debt to be paid alongside their current usage and therefore gave the opportunity for the tenants to manage payment easily.

With regards to a debt collector visiting the property for previous tenants, this was an isolated incident and unfortunately one I have no control over. Mr X has my forwarding details or the option to inform the visitor that no one by that name lives there anymore.

Mr XX’s has explained he is to leave the property in 5 days and receive his deposit back in 14 days after that subject to any damages. This excuse to cancel the contract early is based upon an incident that happened on the 10th March 2010, 5 months have passed since this and only now is the he lodging a grievance with me. I have since put right any issue he has within 24hours of registering the complaint. Mr X proclaims that the above issues were not part of the original agreement and therefore I am in breech of my contract with him. Mr X signed and dated a standard RLA short leasehold contract for a 12 month period. Which ends 03.10.10 I am now faced with a holding deposit which will not cover the next two months rental. Mr X has packed up his belongings and will be leaving the property on the 1 august as outlined in his letter.

Could you advise me on where i stand and what action to take next? Can i re-let the property and still pursue the agreed 2months rent from this tenant? Hold the deposit? etc Looking at his grievance and comparing it to the signed contract i see no direct breech in any of the reasons he has given.

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