Hi, everyone. I let a property out to a couple half a year ago. They did the enduring 'take the rent for last month from our deposit' stunt and the property was to be vacant the next day. They have had me out repairing every little unessential thing and then not paid last month's rent. As for now they refuse to stir until their new house is completed, which is only in two weeks.

Meantime I have found a new tenant who was supposed to move in by now.

What should I do against these insolent fellows? Can I sue them for any losses or discomfort caused to the potential tenant as well as myself in my buy to let mortgage?

Unfortunately you are in no greater position than other landlords who have such tenants that will not move out in due time and are not paying rent.
Actually they must have two month's notice. If you have already given it to them by serving a section 21 notice more than two months prior to expiry of the half a year period of their AST, you should immediately apply to your local court for a possession order. It seems to be the only recourse against them.

I don't where two months come from? I believe it depends on the terms of your contract. Tenants can't ask to deduct last month's rent from the deposit! All deposits are protected and you can't touch it. May I ask if you are renting yourself or through a letting agent?

It all changes all the time, you know (IMG:style_emoticons/default/wink.gif) Maybe this is some brand new or fairly old information. Anyway, the best way to find it out is to ask a broker (IMG:style_emoticons/default/smile.gif)

2dawg,
Maybe you shouldn't worry as much. Maybe they are not as bad tenants, they appear to be. They might move out when their new property is ready. They also could even pay the rent they owe you. They can leave your property in a clean and neat condition.
Actually, the only thing you can do is to try to get the rent out of them by politely asking them. Make sure you have their new address so that you might go at them in the small claims court, in case they fail to pay out the rent or leave your property in an deficient condition, or both.

Greetings everyone!
It seems to me that the best thing to do when such thing happens is to contact your broker (first of all) and then go to your local court.
It's a clear transgression of the law. People invest big money in their buy to let mortgages. So, why some dishonest tenants should act like this? So, my advice to you is making them pay the rent they have to and all the possible penalties for their conduct. Even if is going to take couple of months.

What can the broker do anyway? First of all, look into the terms and conditions of your tenancy agreement. There are always remedies for breaches of contract. Usually upon completion of 6 months short hold tenancy period, tenancy is 'reviewed' on a month to month basis. About 10-15 years ago I remeber using my deposit as a last months rent too, but don't think that with, deposit schemes, it's possible nowadays.