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Where do I stand?????
Annewithane
Posts: 6 Forumite
A Tenancy Agreement was signed yesterday for 3 months, paid in advance and a deposit taken. Move in date the begining of next month. There is no break clause in the agreement. Now they want to cancel. Where do I stand? Can I keep the deposit? All of the money?? Administration fees? I would be grateful for any advice. Thank you.
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Comments
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As they haven't moved in, the tenancy has not began as yet.
What did you agree to in this not uncommon eventuality?
What you need to do immediately is try and re-let it. You then know what any costs are incurred due to them pulling out.Well life is harsh, hug me don't reject me.0 -
The outcomes to these questions should have been answered in the tenancy agreement they signed.Annewithane wrote: »Now they want to cancel. Where do I stand? Can I keep the deposit? All of the money?? Administration fees? I would be grateful for any advice. Thank you.0 -
They can't cancel without your consent IN WRITING. They have signed a legally-binding agreement which cannot be broken unilaterally.
If you are minded to release them from their legal obligations, you could suggest that you retain their rent and deposit until you have found a replacement tenant and deduct the cost of finding one from what they have paid you. Or tell them to stuff it. Your choice.0 -
Are you the tenant or the landlord?Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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From the Qs, I assume you are the landlord
There is a contract. The tenant must therefore pay the rent agreed for the term of the contract unlessCan I keep the deposit? All of the money?? Administration fees?
* you explicitly release them from the contract (with whatever conditions/costs you agree)
* you implicitly release them by re-letting the property (ie if you get a new tenant in you cannot continue tocharge these tenants rent too!)
The deposit can be used to offset rent arrears - so if they don'tpay the rent you can use the deposit (DON'T forget to register it though!)
When you say 'paid in advance' do you mean the full 3 months rent? If so, no, you cannot keep the deposit too!
Admin fees? What were these for? What were the terms? Were they refundable? In what circumstances?0
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