Cooling off period

Seagate15

P.s there is no letting agent involved. I advertised the room myself and arranged all the paper work with them directly

pinklady21

Personally, I would proceed to relet the property. Assuming you are successful in finding a tenant, then you need to show that you have done all you can to mitigate your losses.
However, the original tenants are in breach of their contract with you, as they have decided not to take up the tenancy. I would suggest that you are entitled to recover your reasonable costs from them - eg re-advertising, arranging viewings, setting up a new tenancy agreement with another tenant, the cost of the void period, unpaid rent, council tax etc. These are costs you would not have had if they had fulfilled their side of the contract. I assume that they did not pay you a deposit, that the money was the first month's rent only?

CIS

As the tenancy agreement is for 6 months (or more) the 'tenant' is liable for the council tax charge as the 'non-resident owner' (for council tax purposes) until the tenancy is ended.

Seagate15

Hi Pinklady,


No deposit, their parents are guarantors (for damage, not rent) in place of a deposit.


The room is 'all bills included' and is a 3 bedroom property.


Its a bit tricky at the moment, i would like to be readvertising it and getting someone else in place but without clarity on what exactly the other side intend to do now that is tricky.....bit of a mess really!

CIS

Seagate15 wrote: »

Hi Pinklady,


No deposit, their parents are guarantors (for damage, not rent) in place of a deposit.


The room is 'all bills included' and is a 3 bedroom property.


Its a bit tricky at the moment, i would like to be readvertising it and getting someone else in place but without clarity on what exactly the other side intend to do now that is tricky.....bit of a mess really!

Ah, is it a room or a whole property ?

If it's only a room then ignore my previous post as it's not relevant.

pinklady21

Well - are they moving in or not? If not, then proceed to relet the room.
If they are moving in, then what is the problem?

I assume that you are a resident landlord, and that this is a room in your house and that you will be sharing facilities with the tenants?
Therefore, they are not "tenants" as such, but lodgers. Big difference!

bobbymotors

Best thing IMO is to get it in writing from tenant that they wish to not take up tenancy.

Then write back saying you will readvertise and relet as soon as you possibly can and that you will do your utmost to mitigate their losses.

You can't get blood out of a stone so say a fresh ad, new agreement, 2 week void etc, then send them back any change: but no matter what I don't think it's worth pursuing them for any more money

pmlindyloo

It might help if you would tell us exactly what kind of tenancy agreement this is.

I think many people answered believing you were renting out the whole house to one person/family.

Now it seems to be a room?

Are you a resident landlord? Do you rent out a 3 bed property to 3 individuals? Are they all on separate tenancy agreements?

These are the things we need to know!

Seagate15

They are not a lodger as i do not live in the property. It is a 3 bedroom place and the rooms are let individually.


Well they are currently saying they do not need to move in, but also saying that i can not relet the room as they have paid for it.


I have it from them via text message (from their own mobile) that they do not wish to move in (sent back on the 30th Jan)

Seagate15

It is an 'Assured Shorthold Tenancy Agreement'


The other two rooms are let out to two other individuals