Tenant wants to break tenancy agreement early

Macca29_2

I wanted to get some advice on an issue with my current tenant.

The tenant signed up to a 12 month contract in February 09, paid the first months rent and the deposit no problem. Since then the rent has not been paid on time, and I am still owed for part of May's rent and all of June's.

The tenant is self employed single mother and has advised she has made an application to the Housing Association, but this is very slow at coming through. Her business (beauty salon) is taking a big hit in the current market and she does not have enough money to pay the rent.

After trying to get hold of the tenant for some time to get an update on when we can expect the rent, she has finally got her friend to call me to advise that she will pay up and move out.

According to our contract, there is no break in the contract or option to reduce the tenancy term so she is unable to do this legally.

My concern is that she is just going to go ahead and do what she wants, although I have my concerns that she will be able to pay the outstanding monies owed.

Where do I stand on this legally? As she owns her own business, am I able to claim through the company should there be any outstanding rent. and is there any way I can prevent her from breaking the contract? In her words 'every contract can be broken' but surely that is not right, otherwise contracts would not exist?

Does anyone have any ideas?

willo65

How long will you let her get away with not paying rent? If your answer to this is indefinate then you could end up getting no money for the next 6 months when you could have evicted her and be getting rent from someone else.

Not sure of your personal circumstances or the legalities on how you could make her pay up but I would want to get rid and get a new tenant it would be in my eyes much easier.

samba

Macca29 wrote: »

According to our contract, there is no break in the contract or option to reduce the tenancy term so she is unable to do this legally.

That seems like a bit of an omission on your part - do you have a clause for what happens if the tenant breaches the contract?

lindsaygalaxy

I would put the property back on to rent and let her know she needs to pay until youre-rent it if her deposit doesnt break it. If she was trying it on for a ocuncil property she would be wanting you to evict her and she has said she will move out. On the OH I belive how housing benefit works now the landlord has to be informed, so im not sure why you havent heard anything from the council - im not sure if you call them you could see if an application has been put in for your property?

love_the_messenger

I do not think the landlord is informed re Housing Benefit

Pssst

Take action immediately to seek possession otherwise i suspect you will still be in this position at the end of summer and still have no rent.

madison-nyc

Why would you want to make her stay for the full term of the contract when she's an unreliable payer?! Advertise it for new tennants and get her out asap , before you lose more money!

Tozer

samba wrote: »

That seems like a bit of an omission on your part - do you have a clause for what happens if the tenant breaches the contract?

No it isn't. The break clause would be a tenant's right so the landlord is hardly likely to volunteer it.

pinkshoes

She's rubbish at paying her rent, so agree that she can pay up and move out.

However... tell her that she needs to stay (and pay) until a new tenant is found, and be flexible in new tenants looking around, THEN she can leave. Also point out that the Housing Association doesn't look favourably on those who do not pay their rent, as they see it as someone making themselves intentionally homeless!

nomoneytoday

I would get rid, or you may end up chasing bad debts with more...

Freddie_Snowbits

See me later down the Dog and Goose. She'll be out by midnight.