tenant refusing to move in!!!

rlsmith111

I am renting a property & a tenant was supposed to move in to it today (not that the letting agent told me until I called them this morning!). The tenant has signed a 6 month AST, paid the deposit & months rent and this is somewhere in transit from the estate agents to our account (minus the estate agent fees). As they were about to move in, they got into an arguement with one of the neighbours & are now refusing to move in (as they are too scared- an older lady living on her own). I don't want her to move in if she doesnt want to as she might wreck the place & if she has already wound up the neighbours (& their kids) who knows what will happen to the house. But, the estate agents are going to chargs us a large fee for finding a tenant & we have missed out on other potential tenants who were very interested & are now not going to get any rent. Do you think I should ask the estate agents not to charge us as the tenant is 'unsuitable' and refusing to move in or should I give the lady her deposit back, keep the 1st months rent & readvertise it?

SJCJDCLSC

My parents had a similar situation although in their case the tennant did move in, gave it a week then decided she'd moved into hell (TOTAL over-reaction). There was much to-ing and fro-ing but ultimately my parents released her from her 6 months tennancy agreement and deposit but kept the first month of rent. They negotiated this with the LA I believe. The woman was begging to move out. Your tennant needs to understand that she is legally obliged to fork out the money so if you (or LA) can point out that she should forfeit the whole 6 months money but you will kindly accept just one month and the deposit she really should jump at the offer.

She might change her mind once she realises the impact of this perhaps rash decision anyway.

Sammy85_2

Had this happen twice.

First time she was in for 3 days then wanted to move out. Was very apologetic but couldnt stay. We let her out of the contract once we found someone else, it cost her the first months rent only.

The second time, the couple met us at the house, just about to sign the paperwork and hand over keys and she said "my sofa wont fit, i dont want it" and walked out of the door! I wasnt impressed, but nothing i could do about it moneywise. I now ask for £50 upfront before i carry out credit checks/references to hopefully weed out those who arent really serious.

If i were you i would agree to release her, but on condition she pays the rent until a new tenant is found and she is responsible for any costs of finding new tenant (such as your LA fees).

Fire_Fox

rlsmith111 wrote: »

I am renting a property & a tenant was supposed to move in to it today (not that the letting agent told me until I called them this morning!). The tenant has signed a 6 month AST, paid the deposit & months rent and this is somewhere in transit from the estate agents to our account (minus the estate agent fees). As they were about to move in, they got into an arguement with one of the neighbours & are now refusing to move in (as they are too scared- an older lady living on her own). I don't want her to move in if she doesnt want to as she might wreck the place & if she has already wound up the neighbours (& their kids) who knows what will happen to the house. But, the estate agents are going to chargs us a large fee for finding a tenant & we have missed out on other potential tenants who were very interested & are now not going to get any rent. Do you think I should ask the estate agents not to charge us as the tenant is 'unsuitable' and refusing to move in or should I give the lady her deposit back, keep the 1st months rent & readvertise it?

I wouldn't do anything until you have it in writing that this tenant intends to surrender the property and tenancy, and you have agreed in writing that you accept and under what terms. If a tenant abandons a property you cannot simply rock up and re-let, otherwise you will end up in a legally binding contract to two people.

Also you cannot simply just keep one months rent, if you find another tenant within that month you will have to return the remaining days money to the tenant as you cannot legally accept rent from two different tenants for the same property and same dates. You need to be quite clear what you intend to charge the outgoing tenant and for what, legally you can claim all the costs of finding a new tenant plus rent up to the date than a new tenant moves in (be that three days or three months).

DVardysShadow

Fire_Fox wrote: »

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Also you cannot simply just keep one months rent, if you find another tenant within that month you will have to return the remaining days money to the tenant as you cannot legally accept rent from two different tenants for the same property and same dates. You need to be quite clear what you intend to charge the outgoing tenant and for what, legally you can claim all the costs of finding a new tenant plus rent up to the date than a new tenant moves in (be that three days or three months).

I realise that this apparently conflicts with something I have said today, but the month's rent can be part of a mutually agreed termination.

madeupname1

Also check your agreement with the letting agent. It may provide that you are entitled to a refund on fees if the tenant moves out early (although some don't and if not, I would suggest that you seek to include something going forward). If nothing is in the agreement, or you don't like whats in the agreement, speak to them. They may be willing to come to some sort of accommodation with you since you are going to need to find a new tenant and they will presumably like the new business.