From the landlord's perspective

Graham_Devon

All you can do is put the offer forward. Probably offering some kind of compensation / goodwill gesture, for instance, 1-2 months rent free may help your cause. I.e. they give you something, you give them something.

real1314

mustrum_ridcully wrote: »

Would this sort of behaviour (that of the OP) be tolerated in any service industry other than property letting?

Would we tolerate any other sort of business (letting a property is a business) coming here asking for advice on how to worm their way out of contract? Say a mobile phone business trying to get out of a 18 month special offer contract after 12 months (despite the customer paying all bills on time). Looking for advice because they've realised they mucked the contract and can't dump their customer when they thought they could. I doubt they'd get much sympathy.

This site is a consumer rights site basically and people get pretty upset about things far smaller and more trivial than their home.

Haters gotta hate eh?

Jeez, the OP just asked if they had any recource other than goodwill.
They said they'd wanted a break clause, but the agent's messed it up. They have not said anything negative about the tenant, they have not claimed they are being awkward in wanting to stay to the end.
They wanted a break clause for both parties, and if it had been there and both parties had signed, it would be a valid expectation.

Hardly worming, hardly deserving of the comments that have been made. :cool:

Whirlee

OP - just ask them first. For all you know they want to move out early as well.

If they don't want to move out then, yes, the best way is to negotiate. For example offer to pay for a removal van. Reassure them that based on the state of the property at the moment you intend to return 100% of the deposit (if this is true). Offer a couple of weeks free rent.

Or if you live in a very fast rental area like London, tell them they can move out as soon as they find something and you'll only require rent up until then - whether its in a week or anytime up until the date you need it back.

As a frequent tenant if I knew I wasn't going to lost out financially (by getting my removal costs and no overlapping rent) I'd be more than happy to move a few months early, since inevitably you're going to want it back at the 18 month mark anyway.

DVardysShadow

Yazmina wrote: »

Look I'm not some evil cow landlady. I need to get my flat back but I realise that I'm messing people about. That's why I'm on here because I need advice on how to approach them (thanks DannyboyMidlands). I know I have no legal leg to stand on and they can tell me to !!!!!! off.

You have almost answered your own question. If you are to do this, you have to do it by negotiation and make it sufficiently attractive for them to give you what you want.

Unfortunately, there is a mindset on forums that everything is governed by laws - that you can only ask someone to do something if there is a law which says they must do it and you can't refuse to do something unless there is a law which says you can refuse. Such are forums.

G_M

DVardysShadow wrote: »

You have almost answered your own question. If you are to do this, you have to do it by negotiation and make it sufficiently attractive for them to give you what you want.

Unfortunately, there is a mindset on forums that everything is governed by laws - that you can only ask someone to do something if there is a law which says they must do it and you can't refuse to do something unless there is a law which says you can refuse. Such are forums.

Quite.

It's all a question of communication and negotiation.

franklee

I would have thought any compensation would have to be more than just moving costs and a couple of weeks rent as well as the OP being flexible on dates.

Problem is the OP wants the tenant to go in three months time which is bang on Christmas. Not a great time to move, often few properties available and it may muck up the holidays. Moving in just before Christmas can be awkward as if there is anything wrong then getting repairs can be a pain when for example a letting agent is closed or say getting a plumber. Also the sooner a tenant moves on the more overall moves they are likely to have. It also depends on the tenant's plans which may revolve around a spring move.

Alternatively the OP could move to a winter let, or even a six month let?

mustrum_ridcully

real1314 wrote: »

Haters gotta hate eh?

Jeez, the OP just asked if they had any recource other than goodwill.
They said they'd wanted a break clause, but the agent's messed it up. They have not said anything negative about the tenant, they have not claimed they are being awkward in wanting to stay to the end.
They wanted a break clause for both parties, and if it had been there and both parties had signed, it would be a valid expectation.

Hardly worming, hardly deserving of the comments that have been made. :cool:

Yeah I'm a hater.

I hate the fact the tenants who thought that if the met their side of the contract (i.e. paid rent on time - which they did) that they'd be able to live in their home for 18 months.

I hate the fact that the LL would like them out around Christmas/New Year, when it's not a great time to be moving (moving home is considered one of the most stressful things you do in life).

I hate thinking that there might be a reason why the tenants were happy to sign an 18 month contract as opposed to 12 or 24 months. Like being on a fixed term contract at work that ends early next year. Leaving them having to find somewhere to live for just a few months.

I hate the amateurism of some LLs and LAs.

All I can say is I'm glad I don't love any of the things above.

MacMickster

Surely this is all about talking to your tenants. They may be delighted to have the opportunity to leave early, or there may be no offer that you could make that would persuade them to do so (eg plans already in place to emigrate at the end of the tenancy, or having problems and need to be made homeless by eviction to qualify for social housing). The reality is probably somewhere in between. Why do you want the property back earlier? Explain this to them.

In their position, if I knew that I was going to have to move in a few months, then the offer to meet the costs of obaining a new tenancy, with rent to stop exactly when the new tenancy commences and a guaranteed return of my full deposit might be enough to persuade me, but of course everyone is different.

You need to find the right sweetener to winkle out your tenants from the property, if your circumstances permit of course.

Yazmina

I've no intention of asking them to move at Christmas. I haven't approached them at all yet and, if they agree, I'm looking for a Jan/Feb move.

theartfullodger

A Merry Xmas to all my readers.