End of tenancy problems
End of tenancy problems, like deposit disputes or maintenance disagreements may need clear communication
What if things don’t go according to plan at the end of the tenancy?
It’s worth recognising that most tenancies end without a problem.
However, there are things that can go wrong and it’s important to be prepared so you can act quickly and legally to resolve issues. Here are some of the most common problems:
One of the biggest things that can go wrong is the tenant refuses to leave on the date specified in the notice. In that case, you will have to begin the formal eviction process. The correct paperwork must be issued in the right way at the right time, and if you make any errors, you may have to begin the process again from scratch. So it’s well worth taking legal advice from specialists such as Landlord Action.
For more information, head to our ultimate guide to handling the eviction process.
If the cost of making repairs can be covered by the tenant’s deposit, then you can make a claim to withhold some or all of the money. Take photographs and record the damage on the inventory at check out, then obtain quotes – e.g. for materials and labour.
If the tenant disagrees with your claim, you will need to forward all your evidence to the deposit protection scheme provider and their adjudicator will make a decision, which is final.
However, if repairs cost more than the amount of the deposit held (fortunately, this is rare), you could try to pursue the tenant, although this can be tricky and time consuming.
If they haven’t left a forwarding address, it may be hard to file a claim with the county court – and bear in mind that the tenant may not have the funds to pay, even if you can track them down.
Most of the time, it’s simply wisest to chalk it up to experience and focus on getting the property back in shape for a new tenant.
If the tenant has left belongings in the property, you can’t simply clear them out and get rid of them.
Under the law, you are responsible for keeping them safe for a reasonable period of time and must make reasonable attempts to contact the tenant.
If you do dispose of or sell the belongings, the tenant could seek damages, so make sure they are stored safely and you keep a written record of your efforts to let the tenant know you have them.
The tenant has left a mess – or has not cleaned the property to a good enough standard
Tenants are required to hand back the property in the same state of cleanliness as when they moved in, regardless of what wear and tear or damage may have been caused during the tenancy.
Cleaning is the most common source of end of tenancy negotiations between landlords and tenants, with mydeposits reporting it as the cause of over a quarter of all custodial deposit protection scheme disputes.
Our separate article, ‘End of tenancy cleaning checklist for landlords and tenants’, explains landlords’ and tenants’ cleaning responsibilities and includes a helpful checklist to help avoid disputes at the end of a tenancy.
If you have a dispute with your tenant, consider using a mediation service
If you need help reaching an agreement with your tenant over any aspect of the tenancy – even in the months after it has ended – there are mediation resources available to you. These can be free or paid for and can offer a valuable alternative to going to court.
For disputes over claims made against your tenant’s deposit, you can use your deposit protection scheme provider’s free dispute resolution service, e.g. the one offered by mydeposits - ADR.
And for all types of tenancy dispute, there’s the government-authorised PRS Mediation service provided by the Property Redress Scheme.
In many cases, landlords and tenants are able to either find a way of moving forward without having to end the tenancy or come to an arrangement about bringing it to an end without a contentious eviction.
For advice on how to prevent a problem arising with your tenant in the first place, take a look at our article, ‘Trouble with tenants? Seven tips to protect you and your rental property’.