What paperwork is required to mutually cancel a signed lease before tenancy has started?
I do want to make sure my bases are covered though--what paperwork should I ask them to sign? The agreement (to cancel the lease) was done verbally so I'm definitely not giving them back the deposit without written confirmation that the tenant also agreed to cancel the lease. Would Form N11 ("Agreement to End the Tenancy") still apply in this case, even though technically the tenancy hasn't started yet?
I recently signed a lease with a new tenant. Lease is set to start Feb. 1, and I made it very clear on the description as well as the lease that the tenant is responsible for all utilities, and also tenant insurance is mandatory. I did receive the last month deposit amount upon lease signing.
Now it is 4 days prior to Feb. 1 and the tenant has shown no signs of setting up any of this. I asked them to sign a form to set up a utility under their name over a week ago and just keep getting excuses on how they are sick/busy so they will send it the "next day" (which of course keeps getting pushed back). At this point I'm pretty fed up with how irresponsible they are being and I honestly don't even want them to move into my unit.
Anyways, I know they still have a few days to take care of everything, but I'd like to know what my options are just in case. I'd honestly be perfectly happy if they just decided they don't want to move in anymore--I will just advertise again for new tenants. The only part that annoys me of course is that since I'll probably be advertising for a March 1 move-in, I will be losing out on 1 month's rent. Not the worst thing that can happen (I'd rather lose a month's rent than be stuck with a bad tenant forever), but I'm just wondering if I am entitled to keep the last month deposit in this case? Or would the tenant win the case if they go to the LTB? (I can show proof that I had other applicants who I could have chosen instead, so they are definitely causing me monetary loss--it's not just a "hypothetical" loss. I feel like I could also sue them for damages in small claims court, but of course just keeping the deposit would be a lot easier.)
Also just checking: I assume even if I'm not allowed to keep the deposit, the tenant would not have any rights to my property once Feb. 1 passes and they haven't met the requirements, right? (I.e. worst-case scenario I return the deposit amount and they have no leg to stand on in front of the LTB?)