Prison. Notice charged to deposit. Tenant complains as we moved someone else in

General Discussion

hi All,
I am looking for confirmation on my thinking really on this. I may be totally off.

I have a tenant who was sentenced to 28mth in prison last week. Her family have emptied the property of all belongings and I have received the keys back. I have charged the deposit with the rent arrears (minimal) and the standard 4 weeks notice period as stipulated in the tenancy agreement. Once housing benefit have finally paid the monies due up to the day before the tenants incarceration, my intention is to return any remaining deposit monies to the tenants family.

As it happens, a happy chappy walking by, saw the property was being vacated and enquired about it with ourselves. Oh good for us, no void time, great. The happy chappy is now due to move into the property this weekend.

The previous tenants family have now complained that I have moved someone into the property to during the time that I have charged for the notice period.

I have reminded them that they chose to return the property and keys to me.

Can another member please confirm that I am correct in thinking that I am entitled to charge the notice period and having returned the keys, I am okay to have moved another tenant in please.

If I am in the wrong then I will only charge notice until the date the new tenant moved in to the deposit.

Thank you