Tenants want to end contract within the AST

Tyler_Du

I rent out a single property, the tenants (a young couple) renewed the ast last October. They signed up to a new 12 months contract running from 1st November 2012 to finish end of November 2013. Tonight we received a call letting us know that they have split up and wish to end the contract/vacate the property. In fact the guy in the couple has already left apparently.

My understanding is that the they are legally obliged to continue with the contract until it's natural end.
The tenant thought that by ringing me today they could pay the rent tomorrow and that would cover them until the end of August.

They have been good tenants up to now.

Comments / suggestions please.

G_M

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?)

It is up to you to decide whether to agree with them an Early Surrender, and if so on what terms, or not.

BitterAndTwisted

You might be doing the left-behind party a favour by agreeing to an early surrender but I definitely know you will be doing yourself one. By not agreeing you could be letting yourself in for a whole mountain of arrears plus the expense of ending the tenancy through the courts if they can't afford the rent on their own.

Tell her that you will agree to an early surrender as long as she pays for your expenses in finding a replacement tenant.

Werdnal

Regretable, but as they say "!!!! happens".

The departed tenant is still liable for the whole rent for the whole fixed term, as is the remaining one. You have a choice and can hold them to the entire payment for the entire FT, or you can release them, but on your terms. Offering to pay up to end of August is a good start, but if you wish, you can insist on them paying your reletting expenses, which is a cost you did not expect to be facing until November at the earliest according to their tenancy agreement.

Or, of course, you can cut your losses, wish them well and let them go quietly.

Whatever you agree, you should get them both (if possible) to sign a Deed of surrender, and detail on it what terms of settlement for the early end you have agreed and accepted.

ValHaller

Tyler_Durden_UK wrote: »

.... the tenants (a young couple) renewed the ast last October. They signed up to a new 12 months contract running from 1st November 2012 to finish end of November 2013.

That is 13 months. Whose idea was it to have a long extension to the contract?

Poppy9

I would let my tenants out of the tenancy, paid up to end of August but vacate within 1 week so you have 3 weeks to prep house for re-let.

Peed off tenants can do so much damage to a property if forced to pay up to end of term.

PasturesNew

I'd let them off.... it'd be hard to get blood out of a stone as one person can probably not afford the rent .... and when they finally leave it'll be close to Xmas, when not many people start tenancies.

If you let them out now you stand a better chance of less stress and a lesser void in the long run.

Tyler_Du

Thanks for the comments everyone, we where thinking of suggesting 2 months rent, ie until end of September to surrender the contract. As far as I know the tenants are both moving back to there parents.

mystic_trev

I've a long term Tenant in one of my Properties who's in the same position.They've been good Tenants,so I'm quite happy to waive my rights. In these cases a little bit of common sense helps.