I am a new landlord - dilemma - please help!

westie660

I am a new landlord, and have a bit of a dilemma with my first tenant!

My tenant has been in the house for 4 months (on a 6 month tenancy). He has told me today that his wife (who lives in another part of the country, and whom I didn't know existed) has died suddenly, and he needs to give up the flat and return to his home town. He expects me to just accept that he is cutting short the lease, that I will not be paid the final 2 months rent, and he wants his deposit returned in full.

Whilst I am of course totally sympathetic to his circumstances, I feel that his demands are a bit unfair considering he committed to a 6 month rental agreement. At the risk of sounding totally cynical, I also have reason to believe that he may have been wanting out of the tenancy anyway!

Do you think it would be reasonable for me to suggest that I let him out of the contract without paying the last 2 months rent, but that I keep the deposit in lieu of one months rent (ie I am accepting the loss of one months rent in total)

Any thoughts or suggestions would be very much appreciated.

Thanks

Bart1

Sounds reasonable to me

sebadee

If he can leave and have the place looking tidy and ready for the next tenants, why not cut him some slack and let him go early?

Contracts are contracts at the end of the day, but if his has wife died and he needs to return home to deal with what has happened, I personally would let him go. He has paid up until now ok?

yoshiyella

Could you llet him go without penalty but then say depoist will be returned once you find a replacement - if it takes 1 day then full deposit returned, if it takes you 2 months, no deposit returned?

westie660

Many thanks for the replies.

Perhaps keeping the deposit until i see how long it takes to find a new tenant may be a good compromise. The house is in a rural area, and has so far not been quick/easy to rent out.

Of course under the circumstances, I would love to cut him some slack, but him leaving early will land me with extra expenses until i find a replacement (which I can't afford!).

I think I am so torn because it has been suggested to me that he has made this up as a way to avoid paying the remaining rent! I can't believe that anyone would say such a thing if it weren't true, but it is niggling my head. I don't want to be the "hard hearted" landlord, but I also don't want to be taken for a mug!

pinkshoes

Dear tenant. I am very sorry for your loss. Please send me a copy of the death certificate and your marriage certificate, and I will happily release you from your rental contract early, deducting only reletting charges from your deposit and any damage.

Call me a cynic, but it sounds like a con!

Norman_Castle

Let him leave a month early (or sooner if you can find another tenant) as long as he is accommodating with any viewings.
Return the deposit in accordance with your rental agreement. Why should that change?.

BitterAndTwisted

He entered into a legally-binding contract to pay you six month's rent, not four and then eff off at short notice with his full deposit in hand. He should be reminded of this.

I would not enter into any discussion about returning his deposit until and unless you have BOTH inspected the property to ensure there is no damage and secured another tenant.

fairy_lights

I'd be pretty suspicious - why would his wife live in another part of the country and never have been mentioned before? If it is true, and he does need to suddenly move back to his home town (though again, if they've been living apart anyway why would he need to move back?) then surely it would take a few weeks to make arrangements, pack up his stuff etc.

FBaby

fairy_lights wrote: »

I'd be pretty suspicious - why would his wife live in another part of the country and never have been mentioned before? If it is true, and he does need to suddenly move back to his home town (though again, if they've been living apart anyway why would he need to move back?) then surely it would take a few weeks to make arrangements, pack up his stuff etc.

There could be issues with kids. Maybe they were separated. I do agree with pinkshoes, if you are going to be flexible on the basis of your goodwill and sympathy for his situation, I would want to see evidence of his claim. If what he says is true, he should have no objection at all to do so. You can then reach a compromise.

westie660

Thanks again for all your comments. He has told me that they were still a couple (had no kids), and that he was only renting because his job was not in his home town. He had recently asked me if he could bring his 2 dogs to live in the house (rental contract does not allow for this and I said no), so I am also suspicious that this could be a reason for him wanting to leave the property.