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Rental - Early Termination
Zippeh
Posts: 108 Forumite
Hello,
I own a property that has rooms which are individually let out. The tenancy agreement states a six month minimum term in line with the requirements of our insurance provider. Two weeks into the tenancy, my new tenant says she wants to go. I'm not upset to see the back of her as she seems to be more hassle than it's worth, and the existing tenants aren't keen on her either.
The problem is that she's dragging her feet with moving out. She is not in arrears yet, as she paid a month up front on the 14th of Feb. But of course she isn't going to meet her months notice obligation.
Where do I stand with forcing her out after the 14th? If she hasn't paid me the rent for the following month next week, then she will be in arrears.
As far as I'm aware, I could chase her for the 5 months remaining rent on her tenancy agreement, but I don't want to do this as I'm not like that! Would you agree that I'm being reasonable by thinking of keeping the deposit paid to me for the hassle?
I own a property that has rooms which are individually let out. The tenancy agreement states a six month minimum term in line with the requirements of our insurance provider. Two weeks into the tenancy, my new tenant says she wants to go. I'm not upset to see the back of her as she seems to be more hassle than it's worth, and the existing tenants aren't keen on her either.
The problem is that she's dragging her feet with moving out. She is not in arrears yet, as she paid a month up front on the 14th of Feb. But of course she isn't going to meet her months notice obligation.
Where do I stand with forcing her out after the 14th? If she hasn't paid me the rent for the following month next week, then she will be in arrears.
As far as I'm aware, I could chase her for the 5 months remaining rent on her tenancy agreement, but I don't want to do this as I'm not like that! Would you agree that I'm being reasonable by thinking of keeping the deposit paid to me for the hassle?
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Comments
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Hello,
I own a property that has rooms which are individually let out. The tenancy agreement states a six month minimum term in line with the requirements of our insurance provider. Two weeks into the tenancy, my new tenant says she wants to go. I'm not upset to see the back of her as she seems to be more hassle than it's worth, and the existing tenants aren't keen on her either.
The problem is that she's dragging her feet with moving out. She is not in arrears yet, as she paid a month up front on the 14th of Feb. But of course she isn't going to meet her months notice obligation.
Where do I stand with forcing her out after the 14th? If she hasn't paid me the rent for the following month next week, then she will be in arrears.
As far as I'm aware, I could chase her for the 5 months remaining rent on her tenancy agreement, but I don't want to do this as I'm not like that! Would you agree that I'm being reasonable by thinking of keeping the deposit paid to me for the hassle?
You can negotiate whatever you want, but ultimately you cannot evict her very easily with-in the fixed term0 -
I wasn’t aware that landlords could decide to keep their tenants deposits due to ‘hassle’
This forum really is full of useful information!0 -
Hello,
I own a property that has rooms which are individually let out. The tenancy agreement states a six month minimum term in line with the requirements of our insurance provider. Two weeks into the tenancy, my new tenant says she wants to go. I'm not upset to see the back of her as she seems to be more hassle than it's worth, and the existing tenants aren't keen on her either.
The problem is that she's dragging her feet with moving out. She is not in arrears yet, as she paid a month up front on the 14th of Feb. But of course she isn't going to meet her months notice obligation.
Where do I stand with forcing her out after the 14th? If she hasn't paid me the rent for the following month next week, then she will be in arrears.
As far as I'm aware, I could chase her for the 5 months remaining rent on her tenancy agreement, but I don't want to do this as I'm not like that! Would you agree that I'm being reasonable by thinking of keeping the deposit paid to me for the hassle?
Is this a negotiated termination, and what has she suggested? If she is leaving by mutual agreement, I do not think you can keep her deposit unless it's been agreed between you. In other words, if you agree she can leave early, you can't also say she's in breach of the tenancy agreement.No reliance should be placed on the above! Absolutely none, do you hear?0 -
Ah ok yes I think that is a fair point. She is the one that approached us to leave, and we're agreeing to it because it's what she wants. I wouldn't say that we're happy with the situation overall, but it is what it is and we can't see another way about it.
My thought was that keeping the deposit due to a breach of tenancy agreement would be acceptable?0 -
SpiderLegs wrote: »I wasn’t aware that landlords could decide to keep their tenants deposits due to ‘hassle’
This forum really is full of useful information!
Not so much for the hassle, but more from the point of view that she is terminating the agreement early and I'm not chasing her for the remaining rent. Should I be chasing her for every penny owed?0 -
You can negotiate whatever you want, but ultimately you cannot evict her very easily with-in the fixed term
It's not about evicting her, she is wanting to terminate the agreement early, and I just want her out as soon as possible. I'm trying to make it easy for her by not chasing her for the remaining rent of the agreement, but trying to work out what is reasonable from our point of view.0 -
It's not about evicting her, she is wanting to terminate the agreement early, and I just want her out as soon as possible. I'm trying to make it easy for her by not chasing her for the remaining rent of the agreement, but trying to work out what is reasonable from our point of view.
You said: Where do I stand with forcing her out after the 14th?
I'm saying in effect you cant unless she builds up rent arrears.
Like I said it's a negotiation. You can charge her 3 months rent if you want. or the full 5. Or simply say off you go.0 -
You said: Where do I stand with forcing her out after the 14th?
I'm saying in effect you cant unless she builds up rent arrears.
Like I said it's a negotiation. You can charge her 3 months rent if you want. or the full 5. Or simply say off you go.
OK as I thought, my hands are tied until there are rent arrears. Once she doesn't pay (which I'm certainly expecting her to not do so!) then I will chase her for the arrears.
Would it be reasonable to keep the deposit due to breach of tenancy agreement?0 -
OK as I thought, my hands are tied until there are rent arrears. Once she doesn't pay (which I'm certainly expecting her to not do so!) then I will chase her for the arrears.
Would it be reasonable to keep the deposit due to breach of tenancy agreement?
Sorry, I'm trying to be as clear as possible.
YOU NEGOTIATE.
you are not entitled to keep a deposit for breach of agreement. ever.
However you may be able to use the deposit to offset any arrears.
Obviously if you decide to not come to an agreement you cannot do anything with the room.0 -
My apologies if I'm coming across as obtuse, but this is all new to me, and thank you for responding. I've seen on "Deposit Protection Scheme" website that there is an option there to make a claim against the deposit due to rent arrears. I will explore that option if she is in arrears by the time she moves out.Sorry, I'm trying to be as clear as possible.
YOU NEGOTIATE.
you are not entitled to keep a deposit for breach of agreement. ever.
However you may be able to use the deposit to offset any arrears.
Obviously if you decide to not come to an agreement you cannot do anything with the room.
In terms of negotiation, would it be fair on us as landlords to say to her we will waive any future rent commitments, if she moves out before she is in arrears? And from what you say, if she is not in arrears by the time she moves out, then I cannot make a claim against the deposit for the future rent that I'm missing out on due to her terminating the agreement?0
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