Tenant done a moonlight flit - advice please

badgerpig

Hi all,

I rent a house via a management agency in England (I moved to Scotland), had calls yesterday from family and friends saying that there were removal vans outside the house and that the tenant appeared to be in the process of moving out


We have called the management agency this morning and they have contacted the guarantor (tenants father) the tenant is claiming to have provided them with written notice at the begining of May (in line with payment cycle) but the agency are saying this isnt true and they weren't aware the tenant was leaving.

The Agency have said we either accept 2 weeks notice and access the property from start of June or insist on a months notice as per contract but nobody can access the property until July (including them).

I want to put the house up for sale so will need estate agents access etc, can I do this if I ask for the months notice as per the rental contract? if the tenant has left do the rental management agency have any obligation to let viewers in? or am I best accepting 2 weeks notice and taking the hit on mortgage payment for June?

Im also concerned about liability if there are any issues with the house being unoccupied in the notice period (e.g burst pipe etc)

Thanks
any advice gratefully accepted

olly300

Accept the two weeks notice so you can start cleaning up the house and put it on for sale.

If you need to write the tenant a reference just put that you were given two weeks notice instead of a month.

Werdnal

If you insist on the 1 month notice, the tenant has a continuing tenancy until that expires, and the property is not "yours" until the notice ends. I know it is annoying, but !!!! happens, especially in the LL game, and if you have plans to sell, you are better getting on with it asap, rather than insisting the tenants stand by their notice.

I would accept the 2 weeks, get the property inspected and deposit release etc sorted, and move on ...


TBH, if cash is so tight that you cannot support the mortgage payment with a few weeks lost rent, perhaps letting was not a wise move. Did you get consent to let?

How are you going to manage to cover mortgage whilst it is on the market anyway - even if you get an offer in 2 weeks time, it could take weeks if not months to complete!

badgerpig

thanks Guys,
I think you're right cut losses and move on

badgerpig

Missus just spoke to the agency, apparently the tenant did give email notification on the 2nd of May but it was missed by the agency due to a SPAM filter, Im going to ask for the full amount from them now as they broke the contract

mjdh1957

badgerpig wrote: »

Missus just spoke to the agency, apparently the tenant did give email notification on the 2nd of May but it was missed by the agency due to a SPAM filter, Im going to ask for the full amount from them now as they broke the contract

Ask for the full amount from whom, agent or tenant?

Still might be best to accept the situation and move on.

badgerpig

mjdh1957 wrote: »

Ask for the full amount from whom, agent or tenant?

Still might be best to accept the situation and move on.

Hi

The agency, we have a formal contract with them to manage our tenant which they clearly havent done resulting in us being out of pocket for a months rent, throughout the tenancy they have been very formal when requesting timely repairs which we have always met our obligations

If I'm honest your probably right just best to cut loss and get it flogged but it feels like we've been shortchanged through no fault of our own

IronWolf

I would go after the letting agency. Best of both worlds then, you get the months rent paid and no tennant to get in the way of selling the house.

However unless you get a new tennant in I think you'll have a hard time getting any money out of the LA as you'll have to show you were out of pocket as a result of their actions.

Werdnal

But I thought you want to sell it? Are you looking to get another tenant in? If not, assuming the date of the original notice the agent received is valid and in line with the tenancy period dates (albeit they missed it on the day it was served), the tenant has left under that notice and there is no more rent due - or have missed something?

Have tenants paid rent to the end of the notice they gave?

Ulfar

Your tenants haven't done a moonlight flit, they gave notice.

Your letting agent missed it making it Your problem. The letting agents work on your behalf, the tenant giving notice to the letting agent is the same as them giving notice to you.

If you want to sell then all is fine, if you were going to re-let then you might have a case for getting the letting agent to make up the short fall.

In either case afterwards I would be sacking the letting agent.

Werdnal

badgerpig wrote: »

Missus just spoke to the agency, apparently the tenant did give email notification on the 2nd of May but it was missed by the agency due to a SPAM filter, Im going to ask for the full amount from them now as they broke the contract

And this is a prime example for all those here who try to justify email as a valid route for giving notice that there are instances where it does not work!

Written notice by post with a proof of posting is the way to go.

However, if OP's agent accepts email notice, then so be it!