Tenant ending contract early

Miss_Samantha

G_M wrote: »

True. Hence my caveat later about re-letting if the tenancy was not properly ended.

What I quoted was simply incorrect, not just confusing.

Slinky

You say you spoke to her Dad, did he stand as guarantor?

luvchocolate

She is also liable for the council tax until the end of the contract, and this is likely to be 100% this no single person occupancy.

I only moved out 8 days early and the council tax was adjusted to reflect this.

always_sunny

Miss_Samantha wrote: »

A tenant cannot unilaterally end a fixed term tenancy unless there is a break clause allowing it.
As long as the tenancy continues the landlord does not have anything to mitigate, and if the tenant ends the tenancy through a break clause there isn't anything to mitigate either.

They cannot but they often do. If they do a runner there's no much the OP can do beside chasing through other means. Sadly even if the tenant stays put and doesn't pay rent, the OP is in the same shoes and has to go to courts.

Legislations really need to be reformed as tenants have way too much of a upper hand with these matters.

Miss_Samantha

always_sunny wrote: »

They cannot but they often do.

Well, no since it isn't possible.

Now, can it also be in the landlord's interest to see the tenancy at an end? Yes obviously.

Guest101

always_sunny wrote: »

They cannot but they often do. If they do a runner there's no much the OP can do beside chasing through other means. Sadly even if the tenant stays put and doesn't pay rent, the OP is in the same shoes and has to go to courts.

Legislations really need to be reformed as tenants have way too much of a upper hand with these matters.

Let's just expand on what you've said.


Like with any business, no just lettings, if you're customer doesn't pay the bill, you have to go to court. But you're guaranteed to win, to get your asset returned and to ensure the tenant cannot rent easily in the future as they will have a CCJ.


That CCJ also allows you to apply for bailiffs to remove goods from the tenant or retrieve the debt.


A LL can end a tenancy for no reason, just issue a s.21 and evict.


Yes legislation needs to be looked at, but the changes need to be two-way

McKneff

You say Young, but don't say how young she is

Did father stand as guarantors

bambos

Thanks for all of the replies. We have been waiting to hear from the tenant and finally managed to speak to her today (she has not been responding to our calls and texts) I explained to her that as she signed a 12 month contract on 17th October she is liable for the rent until then but we will agree for her to leave the tenancy at the end of the month If she forfeits her deposit so the choice is hers. We feel that after having to run around trying to find tenants and advertising etc at this time of year it's a compromise we are willing to take if she covers our costs and the time it's going to take to get in and complete an exit clean and refresh the place (it's furnished) after they leave as I will have to take leave from work to do this.

Her dad said he would guarantee her but only verbally so means nothing really. On paper she can afford the property with her salary. She is 19 partner is 21. He couldn't get the references we wanted so she took the tenancy in her name, she said that they want to move nearer to family that's why they're leaving.

MyOnlyPost

Guest101 wrote: »

Let's just expand on what you've said.


Like with any business, no just lettings, if you're customer doesn't pay the bill, you have to go to court. But you're guaranteed to win, to get your asset returned and to ensure the tenant cannot rent easily in the future as they will have a CCJ.

Private landlords are not a business as stated by both HMRC and the Government. You cannot guarantee to have the debt paid as the tenant may not have means. Eviction can take months during which the debt accrues and the tenant doesn't have to move out. The cost to a landlord of not payment of rent can amount to £1,000's

Guest101 wrote: »

That CCJ also allows you to apply for bailiffs to remove goods from the tenant or retrieve the debt.

You cannot retrieve what doesn't exist. If the tenant cannot pay and has no possessions there is nothing to take.

Guest101 wrote: »

A LL can end a tenancy for no reason, just issue a s.21 and evict.


Yes legislation needs to be looked at, but the changes need to be two-way

You cannot evict someone in an AST against their will. Tenants have the right to remain so long as they pay their rent and are not causing damage to the property or a public nuisance. You can only serve notice once an AST is near the end and cannot enforce it until the AST has ended. Even then if the tenant refuses to leave you may have to go to court to retrieve your property.

Where landlords and tenants are both decent problems don't arise as they treat each other fairly. There is a lot of negative press about landlords in the past two years, but you hear very little of the bad tenants who cost landlords (and therefore the wider economy and HMRC) millions of pounds every year with non payment, damage to property, theft etc

kinger101

MyOnlyPost wrote: »

Private landlords are not a business as stated by both HMRC and the Government.

There isn't a single definition of business, but it has been decided by tribunal that property letting can be a business for the purposes of tax.

Elizabeth Moyne Ramsay v HMRC [2013]