Tenants Leaving Agreement Early

leespot

Hi All,

I'm hoping someone here may have experienced something similar to me and can help me out / point in right direction.

Basically, I have had tenants renting my house since April this year. They were on an Assured Shorthold Tenancy Agreement, renewed on 1st November 2008. The specifically asked me for a 1 year agreement, which I gave them on 1st Nov. On 18th November, they gave me one months notice that they would be leaving the property on 20th December 2008 - no explanation or anything. I haven't increased the rent or had any problems with them, apparently the guys wife just wants to move house.

I suspect there might be very little I can do, but I was wondering are they able to end a 1 year agreement 3 weeks into it? The agreement specifically states that the agreement cannot be ended early unless the agreement contains a break clause, or written permission is obtained from the landlord (me).

Thanks in advance for any replies!

leespot

Hi Incisor,

Thanks for your reply.

I gave them a 6 months AST when they moved in. When it came to renewing, they asked me specifically for a 12 month AST. I said that I would do this so long as they were sure. (since moving in, they kept asking my assurance that I would be renewing their agreement, their previous landlord had treated them badly.)

I gave them the new 12 month AST on 1/11/08 and they were "made up" (their own words!). On 18th Nov I got a phone call saying they were giving me one months notice and would be leaving on 20th December and not paying any further rent. (rent is due on 20th of each month).

I have found out that they are moving to newly built council premises, and already bought new carpets etc. I'm not sure, but I would think they knew about the potential move before 1st Nov!

I suppose that my main gripe is the timing - its a difficult time of year for people to be able to afford to move house, and my chances of getting a new tennant before Christmas is at best, very slim.

I'm all for the mutual agreement with them, and I might actually suggest what you have below - that they pay until 31st Jan as a gesture of goodwill to me? It would certainly make the burden of finding a new tennant a little easier considering the time of year.

Thanks again!

Lavendyr

Did they sign the 12 month AST? It's not clear from your post. Basically if they did, they should still be paying until you find another tenant. If they didn't, they should be OK to move out assuming they have given the correct notice (1 month coinciding with the end of a rent period).

leespot

Hi Lavendyr,

Yes, they both signed the 12mth AST, but did not have anyone witness it.

Soot2006

Sounds like they signed a 12 month AST on 1st November.
So they are liable for rent for the 12 months (or until new tenants move in). Goodwill would thus be from you to them, not from them to you! Sounds like you are a reasonable person, and if you want to make them a generous offer (i.e. mutual agreement with no further liability), then don't sting yourself completely & utterly!

leespot

Hi Soot2006!

Correct, they signed a 12 month AST on 1/11/08, and gave me one months noice to end it on 18/11/08.

Yep, I've been very reasonable with them so far. Just got a little bit peeved at the situation they've placed me in. I do think that by paying rent / staying in the house until end of January at least would ease the situation for me greatly.

leespot

I thought it best to type them a letter, as well as call them to discuss. Does this look ok?

"Thank you for your letter dated 19th November 2008, indicating your wish to end your current tenancy agreement. This was received in addition to your phone call.

After seeking advice regarding your request to end the tenancy, I am obliged to inform you that you signed a 12 Month AST on 1st November 2008. This extended agreement was provided after several requests from you for a longer contract.

On 18th November 2008 you indicated by telephone and then later in writing that you were giving one months notice to end the agreement. Under the terms and conditions of the agreement, signed on 1st November 2008, you are not permitted to end the agreement without written consent from the landlord.

In response to your request to end your current agreement, I would request that you remain in the property and pay the agreed monthly rent of £495.00 until I am able to find a suitable tenant to take over the lease. I would estimate this to be no later than the end of February 2009. You also have the option of remaining in the property until the end of the contract in November 2009. "

I'd like to keep this as amicable as possible to begin with, I'd rather not enforce the T&C's unless I really have to.

poppysarah

You could either insist they pay for the marketing of the property and any rent missing until you find new tenants, or you could quickly find new tenants and let them get on with their new lives.
Getting money out of them might not be easy - small claims court, and if they have no money you will gain little from it.

Put the energy into finding new tenants maybe?

leespot

Thanks Incisor. Just out of info, when would the tenancy become periodic?

Would you say that asking them to stay until 19th January is reasonable? Or are they actually entitled to leave on 19th December as they want to?

leespot

poppysarah wrote: »

You could either insist they pay for the marketing of the property and any rent missing until you find new tenants, or you could quickly find new tenants and let them get on with their new lives.
Getting money out of them might not be easy - small claims court, and if they have no money you will gain little from it.

Put the energy into finding new tenants maybe?

Hi,

I've already started marketing the property, but was delayed a bit as I was away when I got the call from them. If I could find tenants that could move in a week before Christmas, I would gladly do so, but I don't know many people that are moving house this time of year! If asking them to stay on until the end of January is reasonable, then that is what I will do.

I don't want to go into too much detail regarding getting money out of them (I don't want to "get" anything, just want them to stick to their side of the agreement, which is not being unreasonable in my eyes) as that is something I'm not considering at the moment. I would just prefer to be treated fairly - ie, at least given reasonable time to get a tenant to take over the agreement. I've been a very fair landlord to them.

leespot

Thanks Incisor. They did get the new AST, the day after the original one expired. (orginal given end of April)

Your last comment has confused me a bit (no alcohol tonight either! oh dear!) My loss might be no more than the time and effort to do the new agreement? - they have their new agreement, given to them on 1st Nov. The old one ran out on 31st Oct.