Help/Advice Needed - Tenant wanting break agreement!

may_fair

mlz1413 wrote: »

You now have an obligation to re-let the property as quickly as you can to suitable new T's.

No. Rent is a debt and there is no obligation to mitigate a debt (e.g. by reletting asap).

stevekoz

may_fair wrote: »

Do not engage the services of a debt collector. If you're going to pursue the debt, DIY in the county court.

was investigated on advice, but in all honesty i didn't see it being an issue, the problem is making them aware of the obligations and the costs, if i hadn't and we do agree them to leave then we end up with bills they have a legal foothold to say we let them out of the agreement without telling them they were obligated to pay. its all quite tricky and honestly over my head. wish i had the cash to get it all sorted legally through solicitor, save my head ache alot!

stevekoz

dancingfairy wrote: »

Surely the utility bills are in the tenants names so the utility company will charge them and go after them? I can't see why you'd need to pay anyone to collect the debts - it will have no effect on your credit file or anything. All it would be would a hassle making sure the utility company chased the tenants up until the date you retook possession.
I also would not want to give it back to them and then claim it back - that does sound like there could be problems.
If you don't think they will pay the rent anyway is it worth surrendering the tenancy to cut your losses and then you've only potentially lost say 3 months worth of rent (2 months you'd charge them plus the cost of reletting) as oposed to continuing the tenancy which could leave you stuck for the whole term -obviously it's going to depend on how likely you are to relet the property though.
df

to a degree that is what im thinking yes. cut my losses.

dancingfairy

mlz1413 wrote: »

Re the T's and assuming you are in England/Wales, you have agreed that the T's can leave early so worrying about if the redunancy is real or not is wasted energy. Agree with this - it seems the tenant wants out whether the redunancy is real or not.
You now have an obligation to re-let the property as quickly as you can to suitable new T's.
QUOTE]

I disagree that the LL has agreed they can leave early - it doesn't appear to be formally agreed yet. I agree the LL should relet as soon as possible though - obviously after negotiations are sorted.
df

mlz1413

may_fair wrote: »

No. Rent is a debt and there is no obligation to mitigate a debt (e.g. by reletting asap).

The LL, stevekoz, has agreed to let them go early.

If he had said "no your in your fixed term" then I'd agree with your statement.

rexmedorum

is it me or is it just a request from T at this point? I.e. no need to get on your high hourse just yet, propose some of the options mentioned in a friendly way and see what they say.

Though I think technically you would be in your right to say 'nope sorry can't do' you'd be better of with people in the property who want to be there.

princeofpounds

I think a professionally-produced deed of surrender is overdoing it slightly. There will be more than enough evidence of a contractual agreement if the parties both have a written contract, without putting it in the form of a deed. And even making a deed is possible without an expensive lawyer.

Sure it might be even more peace of mind for the LL so if you can get T to pay for one, great, but it's likely to be superfluous.

stevekoz

mlz1413 wrote: »

Renting your home due to having a larger family than house does not mean you are any less of a LL and although you may not have entered into the business with plans you do still have the responsiblities. Its good to hear that your sorting out your debt problems too.

Re the T's and assuming you are in England/Wales, you have agreed that the T's can leave early so worrying about if the redunancy is real or not is wasted energy.

You now have an obligation to re-let the property as quickly as you can to suitable new T's.

The current T's have an obligation to pay for the property until suitable new T's are found, there probably won't be any utilities inbetween as currently it is warm and light so heating / lighting / water shouldn't be needed. Check with your local Council if the property will be exempt for c/tax if it is empty.

The deposit held is a deposit for use against damage and unpaid rent, so if any if left over it is due back to them. Ensure you track the cost of the re-letting so you can prove the deductions.

There are no guarantees of making money through renting so if you end up out of pocket that is part of being a LL.

I know im a LL and i want to get it right, thats the whole point of getting advice. All i meant was other sites i've posted on saying im a landlord i've got abuse after abuse about being a money grabbing SOB and a lot far worse, LL's seem to be everyones scourge of the earth at present don't know why. but hey.

I'm not worried about it. It's annoyed me. there is a difference. Think if your being lied too it would annoy anyone in this circumstance. I'm trying my best to be objective..........hence askign for advice.

We have not agreed they leave. We have said "if we do agree there will be stipulations"....so nothing is agreed as yet. I can still turn around and say sorry not letting you break the agreement - not that it will do me any good whatsoever as they will still leave and im not in a position to go through the courts financially if it leaves me out of pocket. Fact of life at the moment, all my money needs to look after my family and keep a roof on our heads. regardless of what situation im in my rent is paid, on time in full every month, every year, its the first thing out of my account. That won't be jeapardised by anything, redundancy included, i've sold cars, jewellery, belongings to not get into mortgage arrears and rent arrears. That is perhaps what angers me most that they just think they can click fingers and say we aren't your tenants anymore. Christ they are off to london for a weekend this weekend - that has to be a months rent right there!!!

Sorry rant over. just venting. my apologies.

back to levelled headiness.

stevekoz

mlz1413 wrote: »

The LL, stevekoz, has agreed to let them go early.

If he had said "no your in your fixed term" then I'd agree with your statement.

No i haven't. I said "if we allow you to leave"

stevekoz

rexmedorum wrote: »

is it me or is it just a request from T at this point? I.e. no need to get on your high hourse just yet, propose some of the options mentioned in a friendly way and see what they say.

Though I think technically you would be in your right to say 'nope sorry can't do' you'd be better of with people in the property who want to be there.

No its not a request. They have advised me verbally and in writing that they will leave on or before 30th June regardless as they can't continue.

Agree with second statement to a degree but still leaves me in a bit of a financial predicament if i jsut cut my losses, i guess toss out between what makes me worse off. Chasing monies and an agreement or cutting my losses.