Advice needed tenants leaving before end of tenancy

sharpee

Hi I could do with some advice

Have rented out my property to current tenants for just under two years now. They are on a statutory periodic tenancy and their rent date is 1st of the month.

I received a text on the 8th from them saying they are moving out start of next month.

I've pointed out to them as per their contract they have to give a notes notice so they are tied in till the 31st of August if they are giving notice now.

They've basically said tough they are moving out.

It's a bit of a mess as I live 150miles away, am recovering from cancer and off work with depression at the moment. And the time the tenants are talking about moving out I will be on a long awaited holiday

Now i know this is all the risk of renting property it's just we've had nothing but bad news the past few months.

How do I to about this?

DRP

sharpee wrote: »

Hi I could do with some advice

Have rented out my property to current tenants for just under two years now. They are on a statutory periodic tenancy and their rent date is 1st of the month.

I received a text on the 8th from them saying they are moving out start of next month.

I've pointed out to them as per their contract they have to give a notes notice so they are tied in till the 31st of August if they are giving notice now.

They've basically said tough they are moving out.

It's a bit of a mess as I live 150miles away, am recovering from cancer and off work with depression at the moment. And the time the tenants are talking about moving out I will be on a long awaited holiday

Now i know this is all the risk of renting property it's just we've had nothing but bad news the past few months.

How do I to about this?

retain their deposit?

take them to small claims court for the missing cash?

johannalf88

The 31st August is more than a months notice...

I would have thought if they have notice on the 8th they could move out on the following 8th. (Or rather stop paying on the 8th).

Whether giving notice by text is allowed is something I would be looking into! I know ours has to be in writing- pretty sure txt doesn't count!!

ognum

johannalf88 wrote: »

The 31st August is more than a months notice...

I would have thought if they have notice on the 8th they could move out on the following 8th. (Or rather stop paying on the 8th).

Whether giving notice by text is allowed is something I would be looking into! I know ours has to be in writing- pretty sure txt doesn't count!!

You are wrong!

The OP is correct, the tenants need to give one months notice before their rent day otherwise the one months notice does not start until the next rent day.

sharpee

What about how they gave notice? It was by text message and they haven't even specified the date they are moving?

Would the best approach be to drop them a letter saying thanks for your text on x date about your intention to given notice. Reiterate the time frame for giving notice and request in writing their notice
.

sharpee

With regards to covering the loss of rent with the deposit I didn't think you could deduct it from the deposit?

sandsni

They can move out, but they are still liable for the rent to cover the proper notice. AFAIK you can claim unpaid rent from the deposit, but check with whichever scheme you used to protect it.

G_M

1) Rent day is irrelevant, except by coincidence. Check the Tenancy Periods. These may be different.

2) But assuming TP is 1st to 31st, then Notice on 8th July expires on 31st August.

3) Have they been good tenants? 2 years is not bad - cut them some slack! Just agree to end the tenancy when they want to move out

4) however, if you want to shaft them according to law, you can deduct rent arrears from their deposit (rent being due till 31/8) as well as any utility bills for that period

Read:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

Voyager2002

Two issues: the date on which they stop paying rent, and the date on which you go to inspect the property and get things ready for the next tenants.

As others have pointed out, it is probable that they are obliged to pay rent up until the end of August. However, you might choose to be nice to them and let them off some of the required notice. In which case, you could insist that rent is paid up to the date you return from holiday and deal with the check-out procedures then.

houseimprover

G_M wrote: »

1) Rent day is irrelevant, except by coincidence. Check the Tenancy Periods. These may be different.

2) But assuming TP is 1st to 31st, then Notice on 8th July expires on 31st August.

3) Have they been good tenants? 2 years is not bad - cut them some slack! Just agree to end the tenancy when they want to move out

4) however, if you want to shaft them according to law, you can deduct rent arrears from their deposit (rent being due till 31/8) as well as any utility bills for that period

Read:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

How many times does it get said on here its a business....as such if they OP is owed money then he should get it.

If it was the other way people would be saying tough so why should he show them slack?

Guest101

houseimprover wrote: »

How many times does it get said on here its a business....as such if they OP is owed money then he should get it0

Did you just quote G_M and say LL's get shafted. I think by far the most neutral view point ever is supplied by G_M!!

With that in mind, Whilst you could charge them until 31st August, do you really want to? I mean, not as a LL, but as a person. You could just take the couple weeks rent hit and get it back on the market now.

They may allow viwings if you agree, if you do not, they may refuse and then you'll probably be out weeks anyway once they move out.