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

prudryden

mlz1413 wrote: »

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.

Those degrees are issued by Waitrose University - I think it is a two day course.

gggareth

prudryden wrote: »

Those degrees are issued by Waitrose University - I think it is a two day course.

Oi i have one of those!!!:p

It has been dumbed down however,

MLZ 1413 ..

It started at 319k... managed to get it down to 19k.. it did cost me however for specialist help.. The Contract was signed some 35 years ago and the property had changed hands about 5 times in that time ( landlord)
Luckily they could not find the origin contract!!!!! & then sent a "new" one for us to sign.. As if!!!:D


I only paid up to clear it off the books..( and i got a bonus for doing it so cost effectively!!)

clutton_2

Originally Posted by clutton
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.


The rules most definitely do not allow it - i have written to her and explained that she has signed a fixed term contract and is liable for the rent until 26th December and that if she is surrendering the tenancy early there will be a "compromise agreement" to be reached.

How she and I negotiate our way around this remains to be seen - the result will all be about negotiation skills on my part.

She is a HB tenan and has no money - but wants her deposit back. It is her first time in private renting and she does not seem to understand the legal significance of what she has signed, altho i went through it with her in great detail and she had the AST for a week before signing it.

i will start a new thread to let you know as and when it is resolved with Mydeposits

J_B

Dina_J wrote: »

won't it be too much of a hassle taking them to court? If they want to leave let them....I am sure you will get decent new tenants in no time!

Not sure which case you are referring to here, but in my case .....
They owe around £500 unpaid rent
I've had to pay the agent £460 to find a new tenant
I have a £25 unpaid gardening bill

That's £965, and I'll stand a bit of hassle to get that back!!

The new, and hopefully decent, tenants moved in yesterday

J_B

mlz1413 wrote: »

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.

Well .... finally the news is good :j

Briefly
After much disagreement with the tenants we sent the file off to 'The Dispute Service' on 20th Oct
On 3rd Nov, the case was 'put on hold' at the request of the tenants - maybe they were trying to fabricate some more counter claims
Here's the copy/paste from the TDS website which reads from the bottop upwards (sorry)

Date / Event
7th Dec 2009
Case Closed
7th Dec 2009
Payments for Issuing
7th Dec 2009
Letter: Adjudicator Report - Tenant
7th Dec 2009
Letter: Adjudicator Report - Landlord
7th Dec 2009
Letter: Adjudicator Report - Agent
5th Dec 2009
Reports for Issuing
30th Nov 2009
Sent to Adj
30th Nov 2009
Pre-Adj Review Complete
30th Nov 2009
Case set to full
13th Nov 2009
Awaiting Pre-Adj Review
11th Nov 2009
Sent to scanning
11th Nov 2009
Dispute restored from holding


And now today's letter encloses ALL of the deposit
TDS agree that they did indeed enter into a 'fixed term contract' and that tenants were also responsible for 'landlords reasonable costs.

I've just gotta decide whether to try for more that they owe or 'quit while I'm ahead'

I'll stew on it for the weekend!!

jdturk

good news, depends if you want to make it hard for them after what they did, it may cost you £50 but may make you feel better!

tiger

guys this is quiet tricky.if tenants wants to move (could be due too change in financial circumistances) is best to let them go with reasonable notice ,say a month.otherwise we had bad experience trying t o force a tenant till end of contract.they could fail to pay rent -u may have evict them-very costly, and they might vandalise the place, fail to pay bills,.sue you unsuitable property etc.let them goooooooo

BitterAndTwisted

That's the risk of being a landlord!

clutton_2

my tenant left, and we mutually agreed that i would keep 2/3rds of the deposit to go towards fees for finding a new tenant, and she would keep 1/3rd ..

I drew up a statement which we each signed - so that had she "changed her mind" later on and challenged the deduction, i had her signature to the agreed funds.

Mind you i am a b it of a softie, as the agency fees were the full deposit amount.... - but i did get a tenant very quickly indeed after she left.

shark_DB

J_B wrote: »

The agent currently holds the £750 bond, but this is not going to cover all of my fees



should the deposit not be with a scheem?