Tenant wants to break tenancy agreement early

Crazy_Jamie

pinkshoes wrote: »

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!

I agree with this, and whilst others had given the same advice, I liked this summation the best, so decided to quote it.

As she owns her own business, am I able to claim through the company should there be any outstanding rent

This hasn't been answered yet. The short answer is no. If her business is incorporated it is a separate legal entity. You have a contract with her, not her company, and as such the company cannot be liable under this contract.

LeeSouthEast

Pssst wrote: »

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.

Well said.

Macca29_2

Thanks for your replies... the situation has now got a lot worse and we would really like some advice.... we are now unable to get hold of the tenant as she has changed her mobile and will not give us the new number and she also does not respond to emails. We tracked her down at work and she sounded very surprised to hear from us, but excused herself as she had a client and that she would call back. That was last Friday. That evening, her 'friend' called us to advise that the tenant wanted to pay up and move out but when we advised him of the legal obligations, he said he would discuss this with the tenant and we would speak again after the weekend. We have called every day now since Monday (the agreed date) and cannot get through. We have also been calling the tenants place of work all week and been told she has actually left (she worked in a beauty salon, although we were told at the time of signing the agreements that she owned the business?).

As we live abroad, we asked a family member to knock on the door and see if anyone was in. No one answered and it appears that the property has been vacated. on speaking with the neighbours, we understand this happened on Monday/Tuesday evening.

So now we have the issue that the rent is outstanding, and we do not have possession of our keys.

We have played by the rules and sent her written request to inspect the property, so (i understand) we are legally allowed to enter the house. And I am hoping that the keys are inside/in the post box. But would anyone be able to advise me what we can do next? We have her previous address, as listed on our Tenancy Agreement, is it legal to go round to the property to see if she, or her 'friend' are there? Our concern is that the keys are not going to be at the property and at the moment we have no way of getting these returned to us?

Help!

4743hudsonj

Macca29 wrote: »

Thanks for your replies... the situation has now got a lot worse and we would really like some advice.... we are now unable to get hold of the tenant as she has changed her mobile and will not give us the new number and she also does not respond to emails. We tracked her down at work and she sounded very surprised to hear from us, but excused herself as she had a client and that she would call back. That was last Friday. That evening, her 'friend' called us to advise that the tenant wanted to pay up and move out but when we advised him of the legal obligations, he said he would discuss this with the tenant and we would speak again after the weekend. We have called every day now since Monday (the agreed date) and cannot get through. We have also been calling the tenants place of work all week and been told she has actually left (she worked in a beauty salon, although we were told at the time of signing the agreements that she owned the business?).

As we live abroad, we asked a family member to knock on the door and see if anyone was in. No one answered and it appears that the property has been vacated. on speaking with the neighbours, we understand this happened on Monday/Tuesday evening.

So now we have the issue that the rent is outstanding, and we do not have possession of our keys.

We have played by the rules and sent her written request to inspect the property, so (i understand) we are legally allowed to enter the house. And I am hoping that the keys are inside/in the post box. But would anyone be able to advise me what we can do next? We have her previous address, as listed on our Tenancy Agreement, is it legal to go round to the property to see if she, or her 'friend' are there? Our concern is that the keys are not going to be at the property and at the moment we have no way of getting these returned to us?

Help!

if i was in your position i would start seeking advice about issuing a CCJ (county court judgement) against the tenant which will force them to pay up the outstanding rent and the rest of the agreements rent OR the rent for the remaining period untill you find a new tenant

thatll get them! haha

Wench

If she's 8 weeks or more behind with her rent, I would suggest getting a Section 21 ( which I believe is notice to leave the property )
Then theres a reasonable ammount of time needed ( if she doesnt pay up ) in which you are able to get a Section 8 ( which is the 'courts have said you have to be out by this day or you can be forcefully removed )

I *think* thats the correct order, its what was issued to us when housing benefit balls up our HB claim anyway.

If she's messing you about this early in the tenancy then try and ( legally ) get her out asap,

Wench

Oh, and if you are to go down the Section 21 route, then those letters are to be hand delivered, then you KNOW she's receved them

pinkshoes

You really need to post this on the housing board, as they'll be able to give you a LOT more advice!!

cangra

Log on to landlordaction.co.uk They are there to help landlords who have problem tenants and they are normally pretty quick in replying to you.