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david_ha

****please help- Keeping deposit after tenant didn't want to move in

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Hello everyone,

 

This is my first post ever here so sorry if it's not correct in any way.

i have signed an tenancy agreement with a tenant and they paid the deposit. Then a day later they said if they can delay the tenancy for a week then move in as they were having issues finding someone to rent their place... Now they don't want to move in a week later after their original move in date.. I have lost money and potential others tenants. Can I keep their deposit ? I have put this in their contract that If the tenant does not move in on the date stated then I will not be returning their deposit.

This is in Scotland so I know the law is different in England ( i think) please advise would be greatly appreciated.

 

Thank you

 

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I self manage and it's because of things like this, that I'm a member of the Scottish Association of Landlords. Their advice line would be great for clearing this up.

The joys of being a landlord eh? Did you pay for referencing too? If not it could have been worse because I always do.

I don't know for sure. Did you reissue the tenancy agreement with a revised date? If not the original date may still stand meaning the tenant will have to give 1 months notice although by not moving in and you agreeing to delay by a week, the contract may not have actually started.

Sorry I've been no help at all.

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5 minutes ago, Craig W M said:

I self manage and it's because of things like this, that I'm a member of the Scottish Association of Landlords. Their advice line would be great for clearing this up.

The joys of being a landlord eh? Did you pay for referencing too? If not it could have been worse because I always do.

I don't know for sure. Did you reissue the tenancy agreement with a revised date? If not the original date may still stand meaning the tenant will have to give 1 months notice although by not moving in and you agreeing to delay by a week, the contract may not have actually started.

Sorry I've been no help at all.

Thanks for the reply. Yeah well I am not a member of them and I am thinking of joining, do you think they can answer such questions? 

So I didn't change the contract to reflect the new date but I have it on text and that is a proof of it. 

I didn't pay for referencing true it could of been worst but it is such so hard to get any information online about this topic. There is loads of deposit not being given or etc. I don't want to be given a month notice at all, which will make it messy and technically they didn't even start the contract yet.  So thoughts on this would be so appreciated it.

 

Thanks 

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S.A.L. will defo be able to help. They have a legal helpline. You can sign up instantly on line.

It sounds like both of you don't want there to be a tenancy. Correct? But you also want to keep the deposit. That would therefore make it a holding deposit which is illegal in Scotland and I believe can only be a weeks rent in England.

Yes, it's frustrating, but suck it up and move on. Learn your lessons but in fairness that could have happened to any of us. Hope your ROI makes the pain better and if not purchase better in the future.

On a positive note, it's nice to meet another fellow Scottish Landlord :)

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