Tenant gave notice - now he will not go

franklee

Wow, thanks this prudryden, it's very interesting to see in such detail how other people manage this. If I were the tenant I would be asking for a copy of the template contract (usual contract but with all names address and dates blank), before stage 4 to that I could go along armed with any questions or issues it raises.

For me the killer one in your contract would be the two months notice from the tenant. Most other tenants will be working to the default law which is one month so it would make it very hard for me to compete with them to secure the next property. If all landlords asked for two months then I would not mind but then it would just mean that any landlords who have a property fall empty will probably have to wait an extra month for the next tenant to become free.

Still I like the fact that you are meeting the tenant, it is very civilised and helpful for both sides. Once the tenant is in do you self manage or does the agent fully manage for you?

mystic_trev

I know several BTL's They all have problems from time to time, except one. He's a member of a local Rugby team and when there's a problem he sends a couple of their prop forwards (on his behalf) to explain to his tenants how to resolve the problems. The "agents" are polite and well mannered in explaining the Landlords complaints - however having a couple of well built gentleman explaining the situation seems to resolve it!!

prudryden

Franklee -
Re: Two months notice by tenant.
I used to allow one months notice, but found that often I needed longer to redecorate/repair/find a new tenant. It would have to be a very special potential tenant for me to allow one month. So far, after explaining tactfully, that since I have to give two months, it seems only fair that you give me two months as well, they have all agreed that it was fair. Maybe they liked my coffee and cakes. Quite often, they will ask for about a 5% discount on the rent - I always give that if they ask.

RE: management of properties
I do this myself. I give a list of telephone numbers to the tenants and ask them to always call me first if there is any problem. If it is an emergency, such as a pipe leaking or there is no heat, they should try me first, if unable to reach me, they may call my plumber directly or any of the other handymen. The agents are on the list, but only as a last resort. The agents have agreed to this, but I don't pay them anything unless they get involved. I don't like the agents to get involved because it is very expensive. They get a cut of the fee that their workmen charge- incredibly expensive.
I hope this helps.

franklee

Thanks again prudryden.

Re: Two months notice by tenant.

Coordinating dates is pretty tricky for both sides I guess.

I've been lucky so far in that both my landlords have been willing to wait for me by about a month each. First time when selling, you never quite know when you are going to exchange contracts, second time when moving between rentals due to my landlord selling up.

Thing is if the landlord has two equally good prospective tenants and a property empty or about the become empty then the landlord will naturally choose the tenant that can move in first. This means the tenant tied to two months notice rather than the more usual one month will be at a huge disadvantage.

Of course this two months notice is only for your break clause, which all being well probably won't be needed. The tenant leaving at the end of the fixed term doesn't need to give notice.

Worst case for a moving tenant who can't find timely suitable alternative accommodation is that they could end up homeless in which case I suppose they just renege on their notice and stay put causing the issues raised in this thread.

prudryden

Franklee -
Not sure I am understanding everything in your post.
But to clarify some things:
The two months notice by the tenant is not inflexible. If the tenant tells me they would like to move out sooner, I will try to find a new suitable tenant to replace them as soon as possible and then they are not held to the two months notice.
The two months notice is for the life of the contract including the roll over tenancy after one year. I don't do an entire new contract, just add a "Memorandum to Assured Shorthold Tenancy", which both parties sign. This Memorandum is noted as a supplement to the original tenancy agreement giving the 12 month dates of occupancy, and reinterating the two month notice of both parties. This two month notice can be given at any time after the expiration of the original 12 months. (No break clause which would mean the tenant having to stay for 6 months.) It further states that the extended tenancy hereby created is subject in all respect to the same terms and conditions and provisions as outlined in the said Agreement save as amended above.


Re: Reneging on their notice as pointed out in this thread.

I suppose anyone can breach a contract of any sorts, as long as they are prepared for the consequences. Sometimes you get away with it, as here. Other times, they are not so lucky.

Choosing the first available tenant:
Not necessarily. I will choose the one who, based on my interview, I believe will be the best tenant and who may stay the longest. I am prepared to have a reasonable void period for the right tenant.

franklee

I was referring to:

prudryden wrote:

12 month AST with 6 month breakclause AND two months notice for either party to quit - which means either party can give notice in the 4th month to quit at the end of the 6th month.

Which I took it meant that if no one gives notice to break at six months then the contract runs with a fixed term for 12 months. In which case the tenant can leave at the end of the fixed term without notice. Obviously the agreement can try to impose notice but I doubt it would stand up, certainly the OFT consider it unfair.

prudryden wrote:

The two months notice is for the life of the contract including the roll over tenancy after one year. I don't do an entire new contract, just add a "Memorandum to Assured Shorthold Tenancy", which both parties sign. This Memorandum is noted as a supplement to the original tenancy agreement giving the 12 month dates of occupancy, and reinterating the two month notice of both parties. This two month notice can be given at any time after the expiration of the original 12 months. (No break clause which would mean the tenant having to stay for 6 months.) It further states that the extended tenancy hereby created is subject in all respect to the same terms and conditions and provisions as outlined in the said Agreement save as amended above.

Unlike above this is explaining what happens after the 12 months if the tenant is going to stay on. It sounds pretty much a periodic tenancy but with an extended notice period but one that possibly(?) does not require the notice to end at the end of a period (if it did the tenant would effectively be giving notice of between two and three months depending on the time of the month). Your agent is not Sherwoods is it? I seem to recall they do something on these lines.

Personally I'd rather stick with a more standard agreement so if I ever "met" your contract I would look elsewhere, judging by the number of questions that crop up on giving notice that's already enough to confuse.

Anyway apologies for going off topic but I was interested in what you were saying.