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tenant wants to leave before AST end
crisp
Posts: 435 Forumite
Hello, I have a tenant that signed an Assured Shorthold Tenancy Agreement on the 26 September 2008. It is for a fixed term of 6-months.
Today, the tenant has given notice that he wishes to leave at the end of January.
Where do I stand? Am I legally correct that the tenant is responsible for the rent for the whole 6-month term?
Today, the tenant has given notice that he wishes to leave at the end of January.
Where do I stand? Am I legally correct that the tenant is responsible for the rent for the whole 6-month term?
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Comments
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Yes, but you have a duty to mitigate losses. So you need to find a suitable replacement tenant and can then charge the costs of advertising etc and the rent until the new tenant takes over.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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The tenant should give you one months notice minimum and it should be in writing.
Write to tenant saying they are responsible for the rent until 26th March when the AST ends and that you would like to know if they intend to pay the rent until that date or if they would prefer for you to advertise the property and show people around prior to them moving out.
Advise in the letter that all costs to find new tenants before 26th March will be passed onto them and that the deposit will be returned after new tenant has moved in. If possible attach a copy of the AST with the relevant wording highlighted.
I'd also advise the deposit scheme that you donot want the deposit released until costs have been finalised.0 -
thanks. I have invited the tenant out for a coffee and a chat to get to bottom of why they wish to leave. No reason has been given. I will then take a view as to what to do next.0
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the tenant is liable for the entire rent for the entire fixed period. as said, you are obliged to mitigate losses. best to speak with tenant and talk it through"enough is a feast"...old Buddist proverb0
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Where do I stand? Am I legally correct that the tenant is responsible for the rent for the whole 6-month term?
A jointly agreed surrender also ends the tenancy, so it depends on what you want to do, how good have they been - ( was he a new tenant in sept, or a renewed AST) & how much hassle is it causing you.
Did you protect his deposit?Any posts on here are for information and discussion purposes only and shouldn't be seen as (financial) advice.0 -
Its been mentioned a couple of times in this thread alone now;
"Landlords have a responsibility to mitigate their losses"
Do any of you know of examples where this has been proven?.... or is it just one of those things that become part of 'forum lore', without necessarily having a basis in fact?
Its actually my understanding that the opposite is true, a landlord does not have a legal responsibilty to mitigate their losess if a tenant leaves early....0 -
Actually, very interesting point. I too have thought this, but a quick Google turns up the following links:
http://business.timesonline.co.uk/tol/business/law/reports/article1289254.ece
http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/116844-tenant-leaves-early-whether.html
http://property.practicallaw.com/6-207-9022
Case in point appears to be Reichman and Dunn v Beveridge and Gauntlett, 13 December 2006 (Court of Appeal).0 -
Actually, very interesting point. I too have thought this, but a quick Google turns up the following links:
http://business.timesonline.co.uk/tol/business/law/reports/article1289254.ece
http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/116844-tenant-leaves-early-whether.html
http://property.practicallaw.com/6-207-9022
Case in point appears to be Reichman and Dunn v Beveridge and Gauntlett, 13 December 2006 (Court of Appeal).
The Reichman and Dunn v Beveridge and Gauntlett case was the one I was thinking of. It relates to a commerical contract for offices rather than a residential AST but I understand that its also quoted as case law for residential tenancy as well now.0
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