tenant leaving before end of contract

Stubod

Hi anybody,

Our tenant has left the property 3 months before the end of their contract. Am I correct in assuming they still have to pay rent / council tax etc. for the length of their contract?...(assuming we don't get another tenant within that time).

Thanks for any replies..

CIS

How long was the tenancy for ? The decision in Broadley v Leeds City Council will apply in respect of the council tax if no surrender has been given.

Craig

G_M

CIS. That flow chart uses some ambiguous terms. Following a fixed term it prvides two alternatives: a 'periodic tenancy' or 'contractual term'.

Does periodic in this context = both Statutory periodic and contractual periodic?

Does 'contractual term' = contractual periodic and/or new contractual fixed term?

However, in this case OP says

Our tenant has left the property 3 months before the end of their contract.

which seems to clearly indicate the tenancy is still in a fixed term. That being so, the tenant is liable for council tax for another 3 months.

The tenant is also liable for rent unless the LL re-lets the property. But depending on te exact circumstances, the LL might be unwise tto re-let the property since the current tenancy still has 3 months to run and the tenant might return and claim illegal eviction!

Assuming the tenant has not just left, but has also stopped paying rent, the safe option is to wait till the 2nd rent payment is missed and then serve a S8 round 8 on the tenant (at the property), wait 2 weeks and apply to court for possession as well as making a claim for the arrears. Once a court possession order has been granted, it is safe to re-let the property.

saajan_12

G_M wrote: »

The tenant is also liable for rent unless the LL re-lets the property. But depending on te exact circumstances, the LL might be unwise tto re-let the property since the current tenancy still has 3 months to run and the tenant might return and claim illegal eviction!

Assuming the tenant has not just left, but has also stopped paying rent, the safe option is to wait till the 2nd rent payment is missed and then serve a S8 round 8 on the tenant (at the property), wait 2 weeks and apply to court for possession as well as making a claim for the arrears. Once a court possession order has been granted, it is safe to re-let the property.

Or, agree a mutual surrender with the old tenant, so you don't have to wait the extra time for rent arrears / notice if they aren't paying rent. Yes if you don't surrender you'd be owed the rent, but if they aren't paying, you'd have to sue for it and collect which may / may not practically happen without a forwarding address. My way, you can relet to a new paying tenant sooner.

To minimise any void, you can agree to surrender once you have a potential new tenant ready but before you sign new contracts.

Car1980

Left as in legged it or have they given notice?

If they've just legged it a lot of landlords would just change the locks and put it on the market again, realising they're not going to get their money and the chances of legal recriminations are slim.

Stubod

Hi all and thanks for the replies...

..The tenant has not legged it, just found a more suitable property. I always advised them that we would would be happy to cancel the contract (early), as soon as we had another tenant in. ie I would not expect the tenant to continue to pay once "normal occupancy" has been resumed..

thanks again....

anselld

Stubod wrote: »

I always advised them that we would would be happy to cancel the contract (early), as soon as we had another tenant in. ie I would not expect the tenant to continue to pay once "normal occupancy" has been resumed..

You cannot simultaneously charge two tenants for the same property so that offer is merely stating the obvious.