Tenant leaving before contrcat expires but with issues!

zyper

I look after a property for an elderly relative & the current tenants asked a few weeks ago to leave early due to financial difficulties (very doubtful but that's another story). After discussing with landlord, we decided to release them from contract some 7 months early but stipulated they do some redecorating on wallpaer in 3 rooms due to significant damage done by their pet & repaint walls. This was done but to not a good standard. There were also other issues they argued where there when they moved in (they weren't) but in the end we thought we beter move them out & move on than escalate matters. I always heard the tenancy contracts are not worth the paper they're written on. They had been half-decent tenants & civil till these last few weeks since they've advised they want to leave.

I am now so p****d off with them that I'm thinking of involving a solicitor to enforce the terms of the contract & force them to stay till it ends or pay the balance.

What would my chances of success be, realistically, or is it just much easier to accept the shabby work they've done, their lies about the other issues & do the work ourselves after they've gone, to a not too insignificant cost in money & time I might add (a deposit is there but nowhere enough to cover resolving all the issues).

Thanks in advance for advice

PasturesNew

To be honest, most people are rubbish at decorating....no matter what they think.

It's probably easier/cheaper to just release them early, then get the place back and sort it out yourself, than to start involving solicitors etc.

It's not that contracts aren't worth the paper they're written on - it's that the time/cost/hassle to resolve it to the outcome you'd like makes it not worth it.

theartfullodger

Your chances would depend on, amongst other things...
a) Quality of tenancy agreement & clauses therein..
b) HOW (eg in writing, short chat in dog & duck pub...) and with what wording you "agreed" to let them go & what specifically was agreed about what needed to be done..
c) How good you are (you don;t need a solicitor) at taking legal action...
d) HOW & how documented your agreement is with the landlord (is relative named as landlord or are you)
e) If you are qualified as a solicitor: If not you cannot represent anyone else in court...

Done any training in landlord/tenant law or read any books on the subject??

Everything else OK? Gas safety cert, landlord insurance, ALL rental payments declared by landlord to HMRC, deposit protected & PI served within 30 days of payment etc etc etc??

HappyMJ

zyper wrote: »

I look after a property for an elderly relative & the current tenants asked a few weeks ago to leave early due to financial difficulties (very doubtful but that's another story). After discussing with landlord, we decided to release them from contract some 7 months early but stipulated they do some redecorating on wallpaer in 3 rooms due to significant damage done by their pet & repaint walls. This was done but to not a good standard. There were also other issues they argued where there when they moved in (they weren't) but in the end we thought we beter move them out & move on than escalate matters. I always heard the tenancy contracts are not worth the paper they're written on. They had been half-decent tenants & civil till these last few weeks since they've advised they want to leave.

I am now so p****d off with them that I'm thinking of involving a solicitor to enforce the terms of the contract & force them to stay till it ends or pay the balance.

What would my chances of success be, realistically, or is it just much easier to accept the shabby work they've done, their lies about the other issues & do the work ourselves after they've gone, to a not too insignificant cost in money & time I might add (a deposit is there but nowhere enough to cover resolving all the issues).

Thanks in advance for advice

If you asked them to do the work themselves then you have to accept it will be an amateur job. You can't then claim as the work was not done to a professional standard and you'll be claiming those costs unless of course you did specify to the tenants that they were to engage a professional painter and decorator and they did not.

kinger101

You've already agreed to release them from the tenancy early. And they've fulfilled their obligation to redecorate. Don't waste money on a solicitor. Even if you did get a ruling in your favour (which now seems unlikely), it doesn't automatically mean they'll pay you.

As for the other issues, the scheme with which you've protected their deposit (?) will have a dispute resolution procedure. Did you have a signed inventory when the tenancy started?

G_M

zyper wrote: »

I look after a property for an elderly relative so you are the agent & the current tenants asked a few weeks ago to leave early due to financial difficulties (very doubtful but that's another story). After discussing with landlord, we decided to release them from contract some 7 months early but stipulated they do some redecorating on wallpaer in 3 rooms due to significant damage done by their pet & repaint walls.
How was this agreed?

It appears that the tenants requested an Early Surrender and the LL agreed. That is lgally binding.

There was a condition (redecorating) which was fulfilled (albeit the quality is disputed)
This was done but to not a good standard. There were also other issues they argued where there when they moved in (they weren't) but in the end we thought we beter move them out & move on than escalate matters. I always heard the tenancy contracts are not worth the paper they're written on.
Where did you hear this? In what context?
They had been half-decent tenants & civil till these last few weeks since they've advised they want to leave.

I am now so p****d off with them that I'm thinking of involving a solicitor to enforce the terms of the contract & force them to stay till it ends or pay the balance.
You can't. Unless the Early Surrender agreement was verbal and you are prepared to lie and say it never happened.....

What would my chances of success be, realistically, or is it just much easier to accept the shabby work they've done, their lies about the other issues & do the work ourselves after they've gone, to a not too insignificant cost in money & time I might add (a deposit is there but nowhere enough to cover resolving all the issues).

Thanks in advance for advice

Accept that the tenancy has ended.

Deal with the redecoration and damage in the usual way:

* via the deposit
* via a claim for any additional costs above the deposit amount
* via the courts

His_Dudeness

A surrender must be executed as a deed, so the strict legal position is not as straightforward.

If the work is obviously not acceptable you could have a good ground to either refuse to proceed on the agreement or to charge them to make it good.

In any case, this illustrates that it is best not to let tenants carry out such work.

zyper

Thanks for the info guys. Some very useful, if at times, conflicting advice.

In temr sof how watertight the contract was. I do not know as I came on bord a few months after these guys moved in. For the deposit, again I'm not too sure if it is in a guaranteed scheme which I know it should be but to be honest never bothered chekcing, just assumed (silly of me I know)

To clarify, the ll & myself as her rep (not offcially, I do not get a penny for this btw but do it as a felt obligation to my elderly relative) are both quite happy to see the tenants leave early with our blessings but the emerging arrogance & shabiness of the work is what has irritated us. Made emotions are not letting us think clearly in that the best option is to get rid of tenants, doe some remedial work & re-let.

DandelionPatrol

His_Dudeness wrote: »

A surrender must be executed as a deed, so the strict legal position is not as straightforward.

I don't think that this is very useful to the current situation. A deed of surrender is effectively analogous to the deed of sale. OP describes a negotiation position prior to the termination of the tenancy which is analogous to the contract to sell. The deed of surrender effectively provides the closure of the tenancy and the no-looking back point after which claims and counterclaims are effectively closed.

While OP's frustration is understandable, if the negotiations have been done and recorded, to renege will only invite the tenants to retaliate, perhaps by staying on and not paying rent or in some other way.

If a tenant repairs or redecorate something and it looks good, you can move on. But it is a big mistake put the responsibility to repair or redecorate on the tenants, because you are effectively left with accepting the outcome.

His_Dudeness

DandelionPatrol wrote: »

I don't think that this is very useful to the current situation.

It is quite important to determine if and when the tenancy actually ends.

DandelionPatrol wrote: »

The deed of surrender effectively provides the closure of the tenancy and the no-looking back point after which claims and counterclaims are effectively closed.

No, claims are not 'closed' just because a deed of surrender is executed.

G_M

zyper wrote: »

.... For the deposit, again I'm not too sure if it is in a guaranteed scheme which I know it should be but to be honest never bothered chekcing, just assumed (silly of me I know)

I suggest you rapidly find out.

If it is not, the LL is open to a far greater risk, so rocking the boat over either the surrender or the deposit, (whatever the precise legal position) would be tactically mad.


* Deposits: payment, protection and return