our tenant wants to move out before the end of their fixed term tenanncy agreemnent!!

hostman

J_B wrote: »

We are in a similar situation here.

Our tenants signed a 12 month contract extension in Feb 09, but then in Aug 09 they gave us 10 days notice saying that as there wasn't notice clause in the contract.
The contract is a standard RICS AST written by our local agent, with no break clause.

They are refusing to accept any liability as "I hold a degree in the Institute of Purchasing and supply and I can assure you that I know my rights. The law of the land allows me to terminate any contact at one minutes notice"

We have a new tenant moving in on Friday, so we have taken 'reasonable steps' to mitigate our/their losses.

They are obviously not going to 'play ball' so I'm wondering as to the best way to chase them for the balance.

The agent has written to them concluding "If you do not agree then the only course of action is to apply to the deposit adjudicators for them to make the decision as to who is entitled to what "

The agent currently holds the £750 bond, but this is not going to cover all of my fees which are:-
£500 unpaid rent
£460 re-letting fee
£25 unpaid gardening bill

That leaves me £235 out of pocket.
What's my best course of action?

Small claims court.

princeofpounds

What's my best course of action?

Letter before action, then small claims court. I'm not sure how this is best combined with a DPS adjudication or whether you want the whole matter to go to court.

clutton_2

i have a tenant who moved in on 27th june - and she wants to leave in 2 weeks !!!!! And wants her deposit back ......

J_B

So, the last time I used 'small claims' it was the late 80's

Can you refresh my memory 'how to' please.

sp1987

J_B wrote: »

So, the last time I used 'small claims' it was the late 80's

Can you refresh my memory 'how to' please.

www.moneyclaim.gov.uk

No need to even move from your chair!

mlz1413

J_B wrote: »

They are refusing to accept any liability as "I hold a degree in the Institute of Purchasing and supply and I can assure you that I know my rights. The law of the land allows me to terminate any contact at one minutes notice"


What's my best course of action?

Hi JB,

I'd love to know the outcome of this, at work we are on a 'tenancy at will' and the only lease they will provide us with is 'outside the protection of the Landlord & Tenanct Act 1954' so basically the same as what we have.

So I'm interested in what the Law of the Land is that allows 1 minutes notice for ANY contract (gosh that sounds like a can of worms being opened!) as if it exsists it probably pointless us continuing to want a lease.

I've no idea how a degree in Purchasing and Supply gives you knowledge of both Law of the Land (is this actually written anywhere?) and LL & T Acts but I can see this being a popular degree if it does.

gggareth

It only covers/covered. Purchasing and Supply contracts.. T's and C's, Incoterms and some contract Law.. He sounds like another jumped up professional shopper.. :rotfl:

I had a shock when dealing with Ending a tenancy with our firm.. !!!!!! are delapidation charges:D

mlz1413

gggareth wrote: »

It only covers/covered. Purchasing and Supply contracts.. T's and C's, Incoterms and some contract Law.. He sounds like another jumped up professional shopper.. :rotfl:

I had a shock when dealing with Ending a tenancy with our firm.. !!!!!! are delapidation charges:D

normally very expensive!!

business rental often don't allow for wear & tear :eek:

prudryden

Gorgeous_George wrote: »

Remember, the Landlord is legally obliged to take reasonable steps to minimise the tenant's losses.

GG

Hey George - Would you mind giving more details please?

prudryden

clutton wrote: »

i have a tenant who moved in on 27th june - and she wants to leave in 2 weeks !!!!! And wants her deposit back ......

Please tell us what you said to her i.e. if the rules allow it.