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Can i ask my tenant to leave early? How?

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  • anselld
    anselld Posts: 8,646 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    rentergirl wrote: »
    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?

    rentergirl, these things do happen, yes, but acciidental damage is still the responsibility of the T. If T accidentally smashes a window, expect to pay or have deposit deduction. Mirror likewise.
  • Emmzi
    Emmzi Posts: 8,658 Forumite
    1,000 Posts Combo Breaker
    It does fall a bit short of the tennant from hell stories we usually see - rent arrears, parties until 5am, growing dope in the loft, moving in 25 close family members....
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • Soot2006
    Soot2006 Posts: 2,184 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    You can ask nicely ... or offer to pay/let them off damage if they leave ...

    But if accidental damage is such a great concern, then perhaps letting is not for you?
    I am a normal, calm, rational grown-up but I still manage to break things on the odd occasion .... most recently my own greenhouse glass *sob*
  • mstar
    mstar Posts: 269 Forumite
    Ok it isn't just the Mirror its a load of other things breaking light fitting and saying it "just fell of the celing and he isn't playing as he never touched it" but on inspection it seems he tried to change bulb and the fitting got loose. Other things are his constant moaning on little things like TV not good enough (not HD), the carpet needs professional cleaning every 2 weeks as he don't have a hoover etc other things are complaining about anything to get new items you name it he has complained and wanted "replacement things as new". Which is not acceptable as i only put in new furniture 14 months ago and according to the rental agency is very good condition and quality.

    I ideally want to give him 2 months notice but i don't want to be legally challenged in my condition, as its been stressful for me with his constant demands.
  • Badger_Lady
    Badger_Lady Posts: 6,264 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    So mstar the answer is: no, you can't give him 2 months notice to leave. But you can ask him whether he'd like to leave and make it a mutual arrangement.
    Mortgage | £145,000Unsecured Debt | [strike]£7,000[/strike] £0 Lodgers | |
  • You can't get him to move out early from a 12 month AST unless with his agreement. Even if he falls behind with the rent by 8 weeks.., he just has to pay rent so he is less than 8 weeks behind (even 7 weeks and 6 days) and u have no case. So some behaviour management needed.

    I think to a degree u are allowing yourself to be trapped into the game this tenant is playing.

    1) Hoover - warn the tenant that if he leaves the place in a dirty state he will be charged £200 plus for a cleaning service., far cheaper for him to buy a hoover. End of discussion. Wait til he moves out and bill him if necessary.
    2) Light fixture damage - not going to be a huge bill surely.., is it worth going into dispute with him about his.., but u may be able to claim damage back from deposit.
    3) Wardrobe damage - tell him to replace/repair or u will claim money back from deposit
    4) TV signal.., no emotions needed.., unless it states in the tenancy agreement that HD will be supplied., close your ears to his complaints and state calmly that you are not contracted or responsible for the type of TV service he gets. End of conversation.

    I'd advise that you write to him (recorded delivery) with the letter containing all of the above points and any others u haven't mentioned. However, be aware that he does not have to return the property to u in 'as new' state.., u have to allow for normal wear and tear.

    I am not unsympathetic.., but feel you are making a rod for your own back. If you can't deal with this.., you will have to get an agent to handle it.., but this will cost you their fees and you have no surety they will be any good. If you daughter is uninformed about a landlord's obligations and hers as your representative/agent etc.., you could be walking into another troubled area.
  • mstar
    mstar Posts: 269 Forumite
    edited 25 January 2012 at 11:33AM
    As the letting agency have no break clause in the standard contract i am as you said stuck. I thought there was some protection for Landlords. In the contract the Tenant can give 1 months notice to leave during a contract period.

    Latest update he left a VM today asking if i am going to pay for the wardrobe as he is going to Citizens Advice Bueru for them to send me a letter telling me why he is not liable for manufactiring faults with the quality of the standard wardrobes fitted to the new appartments.

    the idiot!
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    mstar wrote: »
    In the contract the Tenant can give 1 months notice to leave during a contract period.

    Are you sure about this? It would be extremely unusual for a contract to contain such a clause, and if the LA included it without your agreement I would be complaining to them. Of course, it could work in your favour if the tenent decides to leave of their own volition, but for the next tenant you should be making sure this clause is removed.
  • marcowil
    marcowil Posts: 689 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    I'm sure others with more knowledge will come along but why on earth did you allow a contract to be formed where the tenant can give notice during a contract period but the landlord cant. I suspect you are reading the contract wrongly or gettng bad advice
    The Daily Mail
    Tagline - "Why let the truth get in the way of a story to incense Middle England"
  • jayss
    jayss Posts: 543 Forumite
    Part of the Furniture Combo Breaker
    the carpet needs professional cleaning every 2 weeks as he don't have a hoover etc

    Why are you round there every 2 weeks?

    Is the poor chap getting no quiet enjoyment at all?
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