Cooling off period

Seagate15

Hi there,


Some help if anyone can would be greatly appreciated.


I have a tenant who has recently signed a 6 month tenancy agreement for a rental property of mine (its my only one if that makes a difference). They have also paid their first month's rent already. They were set to move in but due to a change in circumstances now don't want to. They are saying they are entitled to a cooling off period. I'm reading conflicting things online.


There is no agency involved, just me, we signed agreements and these were emailed on the 11th Jan 2018, they told me they did not want to move in on the 30th Jan. They paid their rent for the first month on the 26th Jan. they were set to move in tomorrow the 8th Feb.


Can anyone help please?


Thank you in advance

theartfullodger

If they signed "at a distance" (email, by 'phone... ) then they are entitled: Otherwise not: See
https://www.citizensadvice.org.uk/consumer/changed-your-mind/cancelling-a-service-youve-arranged/

Depends what the receipt said for what they paid (there were receipts or you did agree terms please?) as to if you have to return the money or not.

beeg0d

theartfullodger wrote: »

If they signed "at a distance" (email, by 'phone... )[snip]

Im assuming your refering to CCR's there, if i remember correctly CCR's (The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) require the entire sale to have been compleated "at a distance". Meaning if they viewed the propety then they viewed the goods at the place of business thus CCR's no longer apply so no cooling off period.

Trying to force someone to uphold a 6month tennancy they dont want to before the tennancy even started would be more hassle then its worth. If it was me i would to let them out of the contract in exchange for your reletting costs (which just so happen to amount to the 1 months rent you have already banked).

PokerPlayer111

My general thoughts on people becoming landlords are either take the good with the bad or dont become a landlord in the first place. Sorry feel pretty strong on this one. You make good profits as a landlord exploiting the housing market bubble so see the bad times as giving a little back to the ecosystem.

Just let them off completely or at a minimal fine (which probably not even worth it). Move on happy and no worries

bris

They signed a contract, they have no get out to it, you are entitled to hold them to it until you find a new tenant at their cost.


General thoughts don't come into it, they mucked you about, you have lost the chance of finding a tenant for all their wasted time, don't feel guilty you have done nothing wrong, they have.

buggy_boy

PokerPlayer111 wrote: »

My general thoughts on people becoming landlords are either take the good with the bad or dont become a landlord in the first place. Sorry feel pretty strong on this one. You make good profits as a landlord exploiting the housing market bubble so see the bad times as giving a little back to the ecosystem.

Just let them off completely or at a minimal fine (which probably not even worth it). Move on happy and no worries

Thats not what the law says...

http://www.landlordlawblog.co.uk/2011/01/24/tenants-legal-help-do-you-get-a-cooling-off-period/

There is no point in forcing someone to keep to the 6 month tenancy however I would say the law is on your side, you are running a business not a charity.

The letting agent has done their job so will want to be paid, you will need to pay to find a new tenant, then there is the lost rent until you find a new tenant plus council tax and utilities.

There is no point in forcing them to take the tenancy however they should cover ALL of your costs so say they must pay the letting agent fee to find a new tenant, the utilities, council tax and rent until a new tenant is found.

If I remember rightly there is some law that says you must reduce the losses so you cant just keep the property empty for 6 months and come after them but cant find it, im sure someone might be able to point to it.

G_M

theartfullodger wrote: »

If they signed "at a distance" (email, by 'phone... ) then they are entitled: Otherwise not: See
https://www.citizensadvice.org.uk/consumer/changed-your-mind/cancelling-a-service-youve-arranged/

.

Does not apply to property, artful.

PokerPlayer111

buggy_boy wrote: »

Thats not what the law says...

There is no point in forcing someone to keep to the 6 month tenancy however I would say the law is on your side, you are running a business not a charity.

Law should be used as a guide only not blindly followed - remember reading that somewhere. Being a landlord doesn't need a ruthless approach for success surely? Short term a little lost but over few years good ROI i assume, its all cool.

What is the actual cost of the error? listing fees? some rent? add that up and kindly request payment if funds are really that tight. Forget the contract stuff. Personally i would not bother.

00ec25

PokerPlayer111 wrote: »

Law should be used as a guide only not blindly followed - remember reading that somewhere. Being a landlord doesn't need a ruthless approach for success surely? Short term a little lost but over few years good ROI i assume, its all cool.

What is the actual cost of the error? listing fees? some rent? add that up and kindly request payment if funds are really that tight. Forget the contract stuff. Personally i would not bother.

your point may have had some validity if it were not for the fact your stance is driven by your hatred of landlords and envy at their profits, not from reason

PokerPlayer111

00ec25 wrote: »

your point may have had some validity if it were not for the fact your stance is driven by your hatred of landlords and envy at their profits, not from reason

Whats with the ad hominem?
It has validity regardless since math provides us objective measure. You get ROI year on year so chilled out perspective seems fair.

If you want pure ruthless profit from investments with less hassle then maybe dont provide homes for humans as the choice, plenty of other much better ways.

Seagate15

Thanks all for your input guys.


I'm not sure the cooling off period would be valid anyway as if the tenancy was signed on 11th Jan, and then they notified me that they did not require the room on the 30th Jan, that would be 19 days therefore 14 day cooling off period even if it was appropriate would have already lapsed.


The individual was set to move for their job that was a 6 moth rotation in the area. The reason for no longer needing it is apparently that their employer now wants them to move to a different area. Seems strange with only just over a week's notice before the actual move (8th Feb)


Initially they said that the employer would foot the bill for the tenancy but now they are backtracking mentioning cooling off periods, as hasn't moved in yet the contract is not valid, and that i would not be able to relet the room for the period of the tenancy.


I would have been willing to come to a fair arrangement but with what i have experienced so far it has made me angry at the situation and their behaviour so just trying to figure out where i stand with all this