Can i ask my tenant to leave early? How?

mstar

Hello all,
i am a landlord who has a particular problem with my tenant. He has done a lot of things which have made my life hell and as our relations are not good i would like to get him out of my property. If i am perfectly honest i am sure he has no desire to stay there after the contact so i am sure he will probably not care (other then the hassle finding another place)
I have a 12 month Assured Shorthold tenancy agreement, from the management agent. He signed his contract in August last year and we are now 5 months into the tenancy and i would see what’s the earliest time i can ask him to vacate the property.
As I am quite old and things I have thought about selling it or transferring the property over to my eldest daughter.
IS there anything I can do to terminate the agreement early?:)

movilogo

He has done a lot of things which have made my life hell

Like what? Unless tenant is in rent arrears or damaged your property beyond general wear and tear, you don't have much ground on evicting him.

12 months AST anyway seems long. 6 months is more common.

G_M

Three options:

1) Wait till the tenancy ends in August. Prepare for this by making sure you have issued a valid S21 Notice at least 2 months in advance.
2) See if there is a 'break clause' in the tenancy agreement. If so, check the terms. If there is it may allow either side to end the contract at 6 months, or after 6 months, subject to Notice of.....
3) negotiate. You can always come to any agreement you wish provided both sides agree. You may have to offer an incentive.....

mstar

Well he broke a mirrored wardrobe and claimed it was a "manufacturing fault" and refuse to pay. So we are at a stalemate. The freeholder confirmed its not a defect and no recall notice from manufactuer. The inventory had no damage noted so its a clear breakage by the tenant.

missile

You are 5 months into a 12 month assured tenancy. Unless he breaks the agreement, you can get him out in .................... 7 months.

Your best option is to approach your tenant and suggest he might like to move on. You may have to offer him a financial incentive. I get the impression you may not be on good terms with the tenant? You may prefer to ask an intermediary to negotiate on your behalf?

DVardysShadow

mstar wrote: »

... IS there anything I can do to terminate the agreement early?

If there is a break clause, you can invoke it. If he is in arrears beyond a certain point, you can serve a section 8 notice.

G_M

mstar wrote: »

Well they broke a mirrored wardrobe and claimed it was a "manufacturing fault" and refuse to pay. So we are at a stalemate. The freeholder confirmed its not a defect and no recall notice from manufactuer. The inventory had no damage noted so its a clear breakage by the tenant.

If that is the worst of your problems.... be grateful.

When he leaves, deduct the damage from the deposit. That's what it is there for!

BitterAndTwisted

If there was a proper inventory done at the start of the tenancy you will be able to recover money for the damage from their deposit. If the damage is in excess of the deposit you could take them to court to recover it.

Check the tenancy agreement for a break clause.

I'm not clear why the freeholder comes into the picture, of at all, so I'm assuming it's not relevant.

Bravehearted_2

mstar wrote: »

Well he broke a mirrored wardrobe and claimed it was a "manufacturing fault" and refuse to pay. So we are at a stalemate. The freeholder confirmed its not a defect and no recall notice from manufactuer. The inventory had no damage noted so its a clear breakage by the tenant.

How the hell do you think you can kick someone out because of a broken mirror?

And why couldn't it be a result of a manufacturing fault? It's his word against the freeholder and expectation of a recall notice wont stand because it is unreasonable to expect all mfg defects to be recalled. As for the inventory, they're pointless and wont stand as I/he can argue it wasn't done thoroughly.

Wait till tenenancy is over or offer incentive to leave early and I dont mean harrasment.

bris

Your a landlord, these things come with the job, if you can't handle a broken mirror you need to get out of this soon as the tenant leaves. Signing it over to your daughter is the best thing you can do.

rentergirl

Sorry but breaking a mirror isn't making your life hell. It happens - mirrors get broken. You must get landlord insurance, and expect some accidental damage. Have you never broken anything in your own home? If it's more than that, then try and talk with him, calmly, and ask if he wants to leave. Otherwise, court cases are expensive, and that deposit of his should protected in one of the official schemes, so if it is vandalism, you get some compensation. One question: how are you going to feel if the next tenant accidentally smashes a window, or something?