surrender of tenancy - reasonable terms?

tumbledowngirl

poppysarah wrote: »

Get the surrender ASAP and don't let anyone sign a new tenancy for the property until you have.

If you relet before the end of the bit the old tenants have paid for then you could refund them the rent difference.
How much work is needed before reletting?

"Could" refund them the rent difference...or "should"? What are we obliged to do?

BitterAndTwisted

Should. It's not fair or reasonable to collect rent from two tenants for the same period.

G_M

BitterAndTwisted wrote: »

Should. It's not fair or reasonable or legal to collect rent from two tenants for the same period.

:beer:

Otherwise I'd just let my property out to multiple families and leave them to sort out who sleeps where.......

AFK_Matrix

Can I just ask as I have been following the 2 threads off and on, but you say the Tenants have said they want a new tenant to be found. But have these tenants actually said this to YOUR face or has the LA said this to you?

I am just wondering if it came through the LA, could he be pushing this as he knows he is going to get a fee out of you and the new tenant, so win win for him?

I only ask as he seems hell bent on getting you new Tenants and sounds like he is chucking people at you willy nilly. Just a thought is all. If the tenants are paying the rent each month and your happy with this tell the LA to do one and you are happy for the tenants to stay.

Kynthia

tumbledowngirl wrote: »

So...what would be a reasonable set amount?
Presumably less than a month's rent, because that's probably the reality of the saving we're giving the current tenant by surrendering before a new agreement is in place.

I wouldn't refer to rent at all but a 'surrender fee' and charge roughly my likely out of pocket costs. This in my mind would be roughly the outstanding rent and reletting costs, but as you are more keen than them for this to happen I wouldn't make it too high an amount.


Be firm with your agent as it's your property and your responsibility.

tumbledowngirl

BitterAndTwisted wrote: »

Should. It's not fair or reasonable to collect rent from two tenants for the same period.

Ah right. Thank you for that info.
Our agent has tried to persuade (bribe??) us to hurry up and get new tenants in this rental period, by saying that we would get an overlap in the rent between exiting tenants and incoming tenants.

I know that G_M said on my other thread that a pro rata payment from the outgiong tenant was more fair than stinging them for the whole month, but I didn't know that it wasn't actually allowed.

tumbledowngirl

G_M wrote: »

:beer:

Otherwise I'd just let my property out to multiple families and leave them to sort out who sleeps where.......

I take your point, of course, but I'm talking specifically the period when the beginning of one tenancy crosses over the end of a previous agreement - as is the case when the original tenant has paid a month in advance and the new agreement starts mid rental month. Obviously a specific case that arises in a situation such as ours, when the AST was surrendered early by the tenant.

Of course, I know that we couldn't move new tenants in for the remaining 5 months, while still holding the original tenant liable for the rent due under the original AST for the term.

jjlandlord

If they pay rent monthly in advance on, say, the 1st of the month, and tenancy ends on 15th with surrender as re-let agreed, the tenant is not entitled to any refund of rent paid (about half a month).

It is up to the landlord to agree to that.

G_M

jjlandlord wrote: »

If they pay rent monthly in advance on, say, the 1st of the month, and tenancy ends on 15th with surrender as re-let agreed, the tenant is not entitled to any refund of rent paid (about half a month).

It is up to the landlord to agree to that.

Well, it's up to them both to agree.

The surrender requires both parties to agree. If the tenant only agrees to surrender the tenancy early if (s)he is has rent refunded pro rata, then the LL must refund half the rent that was paid on the 1st.

Similarly if the LL only agrees to accept the surrender early if the tenant pays, say, £100 to cover re-marketing, then the tenant must pay £100.

The terms of the surrender can be whatever the two parties negotiate.

jjlandlord

G_M wrote: »

If the tenant only agrees to surrender the tenancy early if (s)he is has rent refunded pro rata, then the LL must refund half the rent that was paid on the 1st.

Obviously it depends on who wishes to end the tenancy.
If it is the tenant, I don't see that he has any bargaining power.

The point remains that in the absence of an explicit agreement, no refund is due.