How to proceed with Tenants

Dipak

Hi All,

Apologises if this post is in the wrong place please move if necessary.

I have a property i let out to students. In Oct 2006 they moved in and to be honest its been a bit of a nightmare. They have told me today that they want to move out on the 24/1/2007 which is when the next lot of rent is due. They have promised to clear any arrears before they move. I really want them to go as well but not sure where i stand legally.

They signed a tenancy agreement (F201E) until June 2007 so have read the T&C behind and it says that.....The tenant cannot normally end this agreement before the end of the term, however after the first three months of term, if the tenant can find a suitable alternative tenant, and provided this alternative tenant is acceptable to the landlord the tenant may at least one months notice from the date such approval is given by the landlord.

Now they have not given the 1 months notice but i'm not too worried about that....or do they have to give me 1 months notice?

Also do i have to refund the bond?

One last question, one of the tenants has recently been put into jail and his room is locked and has his stuff in it. It does not look like he will be returning any day soon, what do i do with his belonging? can i move them? where do i stand legally?

Please please please help....so many questions but no answers.

Thanks in advance.

D

linlin_3

I suggest you post this on:
https://www.landlordzone.co.uk

In the meantime, I believe you have the right to move the possessions of the tenant in jail, but have a duty of care toward them for xxx months. Someone on landlordzone will put you straight on that.
You must refund the bond if the terms of the tenancy agreement are met. From what you've said, the students can only move out if they've found new tenants who are acceptable to you and if they give one months notice. I'd suggest you meet with them and have a reasonable discussion about the terms of the tenancy agreement.......bear in mind they're only students - you're the rich one!

mountainofdebt

Pesonally if they want to go and it would be a relief for them to go then I would let them go.

But there again I'm not a landlady.

clutton_2

the purpose of the bond is to pay for any unpaid rent and to pay for damages they have done - if they leave before the end of the AST and have not found you a replacement tenant you are perfectly within your legal rights to keep the bond. I would not tell them this till the last possible moment.

chant1l

Ihave a cast iron rule with deposits, they are repaid by post AFTER the property is returned to me with all keys /rent and in the same condition as supplied. I normally end up paying back the deposit and tell tenants this but NEVER discuss deductions until they have gone. You can only get their deposit once, if they know they are not getting all or part back they may feel inclined to causing thousands of £ damage. Be rid, get them gone and get better tenants next time. Incidentally I never let to students as they are too high management.

Dipak

Hi All,

Firstly i just wanted to say thank you for all of your replies....the thank you button has vanished of i cant thank each of you for some reason.

24th Jan is the day they want to move out and today i went to the house as one person paid rent and OMG EEK! the house is in such a tip. I had an extension done in the house about 2 years ago and the kitchen was new as was the living room. Both of them were in such a state. I saw they had damaged the Kitchen lino so they will be paying for that. Have reminded them that the house must be in the same condition as we gave it to them otherwise i will keep all bond.

Watch this space!!!!

D

clutton_2

re jailed persons belongingss, i would try to store them for a while - just in case he gets early parole. Can you write to him in nick, asking for an address to send them to ? He is not deemed to have "abandoned" the property just because he is in jail - daft as that is .