Question for landlords

sarah1980

We have a BTL property and the current tenant signed a 12-month AST contract in April. 3 weeks ago he rang to say he wants to move out.

We manage the property but when it comes to finding tenants, we use an agency for that part. A similar thing happened with the last tenant, although she was only 2 months away from the end of the contract. However, when I sought advice from the letting agent he said I should let her go on a month's notice, he said absolutely, she had always been a good tenant and I should try to be as accommodating as possible to her needs.

TBH I wasn't overly happy with his advice, but went along with it and there ended up being a fallout over deposits anyway (long story).

So with this new tenant, I know the letting agency bloke will probably tell me to let him give a month's notice, he has been a good tenant blah blah blah...

So I went along with it (again), despite him still having 7 months left to run on his contract. Thing is, the tenant only rang me to say he wanted to move on the day before the rent for September was due. So he was thinking he'd make his final payment the following day and then move out a month later.

I explained we would need cancellation in writing (letter) and he agreed to do this. This was 3 weeks ago and we haven't had a letter yet, but the tenant has moved out. He still has a key, and I'm happy for him to have this until the end of his tenancy. The thing is, I would argue that his tenancy should not end until a month after we receive the letter giving notice, but the LA seems to think I'm being pedantic.

Maybe I am being pedantic, but I just feel like why do I go to the trouble and expense of getting a professional contract drawn up only for this tenant to be able to *wee* all over it at the drop of a hat? He seems to have got his way on every count, and the one thing I asked him to do was put it in writing and he hasn't bothered for 3 weeks. So why should I bend over backwards to help him?

If anyone has experience of a similar situation or just any advice in general I would be very grateful to hear from you.

green_tree_2

Hi Sarah, i have been in similar situations with my flat that i rent out privately.
If he has moved out i would change the locks and keep his deposit. Get the flat back on the lettings market asap - in fact why bother with an agent to rent it? advertise it in the local paper, you will get lots of calls. Pick someone that you feel is right and do your ref checks and all the necessary paperwork and bobs your uncle!

sarah1980

green_tree wrote: »

Hi Sarah, i have been in similar situations with my flat that i rent out privately.
If he has moved out i would change the locks and keep his deposit. Get the flat back on the lettings market asap - in fact why bother with an agent to rent it? advertise it in the local paper, you will get lots of calls. Pick someone that you feel is right and do your ref checks and all the necessary paperwork and bobs your uncle!

Thanks for this, but I don't think changing the locks is the right thing to do (or legal, for that matter!). I don't want to cause trouble, I just want it settled fairly, which I don't feel it is, as it stands.

As for the LA, we live 400 miles away from the flat so we need someone to do viewings, check-out/in, inspections etc.

BrixMorta

You seem to be contradicting yourself here. You say 'I know the letting agency bloke will probably tell me to let him give a month's notice, he has been a good tenant blah blah blah...' and yet you then say 'The thing is, I would argue that his tenancy should not end until a month after we receive the letter giving notice, but the LA seems to think I'm being pedantic.' So, have you spoken to LA this time round or not? The LA may well be on your side as there is still six months to run. Also, you only seek an intro only service yet also want to ask LA's advice for free when things get difficult. Perhaps you should stop playing at being a landlord and employ a decent LA on full management.

Incisor

sarah1980 wrote: »

We have a BTL property and the current tenant signed a 12-month AST contract in April. 3 weeks ago he rang to say he wants to move out.

We manage the property but when it comes to finding tenants, we use an agency for that part. A similar thing happened with the last tenant, although she was only 2 months away from the end of the contract. However, when I sought advice from the letting agent he said I should let her go on a month's notice, he said absolutely, she had always been a good tenant and I should try to be as accommodating as possible to her needs. ....

If anyone has experience of a similar situation or just any advice in general I would be very grateful to hear from you.

And you haven't worked it out yet? BrixMorta is pointing you in the right direction, although using it to have a go at you.

If you are using the agent to find you tenants, gosh, the more they turn over, the more opportunities he has for fees from you. So, no wonder he goes soft on them over the agreement. In your position, I would be looking to give him an incentive for a tenant seeing out the contract.

sarah1980

BrixMorta wrote: »

Perhaps you should stop playing at being a landlord and employ a decent LA on full management.

Whoaaaoh, who rattled your cage?!! :eek:

Yes, I have spoken to the LA. He said "well, he does have 7 months left but he has been a good tenant blah blah blah...." And I did not dispute this. My issue is that having played ball with the tenant, he is not meeting us halfway. My post was not to sl@g off the LA, it was to see what others would do in my sitiuation as regards to the tenant.

I am sure you are a multi-millionaire property tycoon with a portfolio as long as your arm, and you despise minnows like me who have just one property and do it as a long-term investment, rather than a career.

BTW I do have a career and a business of my own, as does DH, so the likelihood of us ever packing it all in to gamble on the property market is slim.

And as for free advice - I give my customers plenty of free advice because I know that whenever they require my business services, they will always return and it only costs me 10 mins out of my day.

Cheer up.

N79

Sarah I suggest you calm down. So far you have not done anything right and are heading towards a car crash at high speed. Please stop and if you can answer a few questions we may be able to help.

1. Have you protected the T's deposit?

2. What do you want to achieve?

As you are probably aware, T is legally liable to you for the rent until the end of the contract. Please do not take any measures towards reletting, entering the property etc until you are certain the T has left. UNDER NO CIRCUMSTANCES follow green trees advice to change the locks as you would be committing a criminal offence (which I think you have figured out for yourself).

If T has left and you fail to get them to surrender the Tenancy in writing and return the keys then you will need to wait for them to have 2 months rent unpaid. You will then need to go to court for possession. In total this will take 4-6 months if all goes well. A court will also award you costs and the outstanding rent but it is very difficult to make Ts pay up.

On the other hand, if you get them to surrender the Tenancy by agreeing to let them leave early without penalty then you can relet quickly. While I sympathise with your position I suggest that you attempt as much damage limitation as possible and this involves agreeing to the early surrender. However, until you agree, your T does continue to owe you rent.

Let us know what you want to achieve: early surrender and a quick relet but with a void and possibly a compromise where you lose some rent or holding T to agreement and getting no rent for 6 months, followed by a court order for the T to pay the rent which you may never be able to enforce. We will then suggest what you can do.

Notlob

What efforts have been made to contact the tenant?

When did the tenant make their last rent payment?

notlob

sarah1980

N79 wrote: »

Sarah I suggest you calm down. So far you have not done anything right and are heading towards a car crash at high speed. Please stop and if you can answer a few questions we may be able to help.

1. Have you protected the T's deposit?

2. What do you want to achieve?

As you are probably aware, T is legally liable to you for the rent until the end of the contract. Please do not take any measures towards reletting, entering the property etc until you are certain the T has left. UNDER NO CIRCUMSTANCES follow green trees advice to change the locks as you would be committing a criminal offence (which I think you have figured out for yourself).

If T has left and you fail to get them to surrender the Tenancy in writing and return the keys then you will need to wait for them to have 2 months rent unpaid. You will then need to go to court for possession. In total this will take 4-6 months if all goes well. A court will also award you costs and the outstanding rent but it is very difficult to make Ts pay up.

On the other hand, if you get them to surrender the Tenancy by agreeing to let them leave early without penalty then you can relet quickly. While I sympathise with your position I suggest that you attempt as much damage limitation as possible and this involves agreeing to the early surrender.
However, until you agree, your T does continue to owe you rent.
Let us know what you want to achieve: early surrender and a quick relet but with a void and possibly a compromise where you lose some rent or holding T to agreement and getting no rent for 6 months, followed by a court order for the T to pay the rent which you may never be able to enforce. We will then suggest what you can do.

Thanks for the concise response. As for calming down, I was only reacting to the abuse hurled at me by the previous poster. Of course I don't want to drag this situation out any longer than necessary, but it's not easy to accept tenant can walk away whenever he wants, scot-free. I would think the outcome I want is for the tenant to continue paying rent up to a month after his letter of notice.

As for the tenant's deposit, yes it is paid into a protection scheme.

N79

Good I'm glad that the T's deposit is protected because it means you have nothing to fear if you have to go to court.

I suggest that you offer exactly what you have said in your last post to your Tenant in response to a written request to surrender. If necessary, if they give the notice but refuse to pay then you can go to court for any money owed on top of the deposit.

green_tree_2

N79 wrote: »

Sarah I suggest you calm down. So far you have not done anything right and are heading towards a car crash at high speed. Please stop and if you can answer a few questions we may be able to help.

1. Have you protected the T's deposit?

2. What do you want to achieve?

As you are probably aware, T is legally liable to you for the rent until the end of the contract. Please do not take any measures towards reletting, entering the property etc until you are certain the T has left. UNDER NO CIRCUMSTANCES follow green trees advice to change the locks as you would be committing a criminal offence (which I think you have figured out for yourself).

If T has left and you fail to get them to surrender the Tenancy in writing and return the keys then you will need to wait for them to have 2 months rent unpaid. You will then need to go to court for possession. In total this will take 4-6 months if all goes well. A court will also award you costs and the outstanding rent but it is very difficult to make Ts pay up.

On the other hand, if you get them to surrender the Tenancy by agreeing to let them leave early without penalty then you can relet quickly. While I sympathise with your position I suggest that you attempt as much damage limitation as possible and this involves agreeing to the early surrender. However, until you agree, your T does continue to owe you rent.

Let us know what you want to achieve: early surrender and a quick relet but with a void and possibly a compromise where you lose some rent or holding T to agreement and getting no rent for 6 months, followed by a court order for the T to pay the rent which you may never be able to enforce. We will then suggest what you can do.

In an ideal world yes! lets take this person to court! what i usually find is when they have left the property they dont forward there new address on - its called doing a bunk and the chance of seeing them or any money is very slim!