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Monday, July 11, 2011

Tips On Tenancy Deposit Disputes 48: The 2nd Tenant Defence

The second standard tenant defence is: I gave proper notice

Typically the dispute revolves around a claim for rent arrears which are accrued at the end of the tenancy when the tenant left without giving notice. It seems that tenants do this quite often and then claim that they gave notice over the phone or by letter.

The best way to avoid this happening is to be specific in the tenancy agreement about how notice may be served. If you specify that notice has to be given in writing by recorded delivery, it doesn’t stop you from accepting notice another way from a law abiding tenant if you want to, but it does prevent fast and loose tenants from trying to make out they gave notice when they didn’t.

Old tenancy agreements that just state the notice period need updating. Accuracy is king when it comes to protecting yourself in legal disputes.

Tom Derrett is the Principal of Deposit Claim, an ex-adjudicator and an expert on the Deposit Protection Schemes. Tom helps landlords to claim money through the deposit protection schemes.

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