Tenants want to break contract

jacqhale

Hi, I posted a while ago about some nightmare tenants which got worse (they accused me of making them sick with carbon monoxide poisoning from the boiler but fitted an alarm and had the plumber out and nothing ...)

Anyway, they emailed me today to say they are moving back to Japan as can't find work and can't claim benefits here (he is English, she is Japanese) and are leaving by the 20th March. Last rent was paid 1st March but the AST runs until mid-June.

I'm in 2 minds - I will be glad to see the back of them but on the other hand I have fulfilled all and more of my obligations to them and they have caused me a lot of hassle and expense. They have said they want me to keep the deposit (how nice!) but other than that are just upping and leaving (will leave furniture if I want it to sell/let the flat furnished).
On the other hand I will now be 2-3 months short on a fixed term contract so am happy to let them off but feel it would be more fair to at least try for another month's rent so I am not out of pocket?

However if they go back to Japan do I have any recourse? I'm assuming once they have left the country I can ask as much as I like but they won't agree and there's nothing I can do? I have his mother's address in the UK but that's all.

Should I just cut my losses and hope to get new tenants in asap or is there a letter template/process I could try following just to see what happens? This is a new one for me as never been in this situation before.

Thanks again!

Becks045

Its always difficult to know what to do. Legally they should pay their rent until the end of the AST or with your permission if you agree to them leaving early i.e. this month you could request that they pay your advertising costs to re-let the property etc.

I personally would out them down to a bad experience which is what we've just had to do with tenants at one property who haven't given proper notice.

Annoying but a fact of life.

bryanb

Seems to me they are leaving anyway, not much chance of chasing them if they are in Japan.

jacqhale

Thanks, my initial thought was to just be glad to see the back of them but didn't want to be hasty and feel as if I had sold myself short.
Could have been worse! I'll get advertising the flat again now.
Thanks guys.

clutton_2

make them shift the darned furniture if its theirs.... more expense to you if they dont...

Fire_Fox

You may want to check how you go about releasing the damage deposit, given that you will not be able to contact the tenants once they move to Japan. I presume they will have to give consent to the deposit scheme used.

Sammy85_2

Get them to remove the furniture - it may not meet fire regulations and you'll have to pay to get rid of it.

jb66

At least they gave you warning, they could have just upped sticks

martindow

Fire_Fox wrote: »

You may want to check how you go about releasing the damage deposit, given that you will not be able to contact the tenants once they move to Japan. I presume they will have to give consent to the deposit scheme used.

Wouldn't the OP keep the deposit as payment for some of the rent due in the contract that they will be breaking?

Fire_Fox

martindow wrote: »

Wouldn't the OP keep the deposit as payment for some of the rent due in the contract that they will be breaking?

As the tenants are currently within the fixed term, the deposit should be lodged in one of the three schemes. AFAIK both parties need to agree to the deposit being released - either to the landlord or to the tenant or shared - it's not a case of keeping it as the landlord does not have the deposit. If the tenants don't release the money it may simply be held in trust for the forseeable future which is no use to the OP.