Rental - Early Termination

Comms69

Zippeh wrote: »

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.

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?

Forget the deposit scheme for a second. (yes you can claim unpaid rent, if the tenancy agreement allows this)


You just negotiate, ie talk to the person.


"Hi X, If you want to move out early these are the terms:


1.
2.
3.


Let me know if that's acceptable and I'll prepare a deed of surrender


Kind regards


"

G_M

1) is she a tenant or a lodger? Do you live there too and share facilities? It makes a huge differenece to both your rights!

2) assuming she is a tenant (in Eng/Wales) you cannot 'force her out' earlier than the 6 month point except via either
a) mutual agreement - yes mutual or
b) by serving a S8 Notice and then going to court

3) deposit
I assume it is protected in a registered scheme? If not you are in trouble!
Assuming it is, you can withold it, or part of it, either

a) by agreement wth her for eg rent or damages (if that's what your tenancy agreement says - what does it say???) or
b) following arbitration by the scheme, if she disputes whatever you propose deducting, or
c) following a court decision (if you decide to go to court.)


See also:


* Deposits: payment, protection and return

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Zippeh

G_M wrote: »

1) is she a tenant or a lodger? Do you live there too and share facilities? It makes a huge differenece to both your rights!

2) assuming she is a tenant (in Eng/Wales) you cannot 'force her out' earlier than the 6 month point except via either
a) mutual agreement - yes mutual or
b) by serving a S8 Notice and then going to court

3) deposit
I assume it is protected in a registered scheme? If not you are in trouble!
Assuming it is, you can withold it, or part of it, either

a) by agreement wth her for eg rent or damages (if that's what your tenancy agreement says - what does it say???) or
b) following arbitration by the scheme, if she disputes whatever you propose deducting, or
c) following a court decision (if you decide to go to court.)


See also:


* Deposits: payment, protection and return

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

1. She is a tenant. I don't live at the property.
2. I don't want to force her out, she wants to terminate the agreement which she signed in good faith for six months after two weeks. I've accepted this as feel that if this is what she wants, I don't have much of a choice other than to agree with it. I feel like we're being pretty decent in all of this. I'm sure many other landlords would chase down rent that is owed, but we're just writing it all off.
3. It is most certainly protected in a registered scheme. It is with the Deposit Protection Scheme.

My tenancy agreement has the following wording regarding the Deposit:

"Deposit, to pay the deposit as requested for security against any loss or damage to the premises or contents, or for any unpaid rent, or any other loss as may be suffered by the Landlord as a result of the tenants’ and/or occupiers’, or their visitors’ actions or inactions howsoever arising."

I received word from her today that she has vacated the property and is requesting the deposit back. Once we have checked the room to make sure it's all ok, I think we will just return the deposit unless the above definition of "loss suffered by the landlord as a result of the tenants actions or inactions" covers them terminating their agreement early covers it?

Finchy2018

Did you agree she would cover the rent and costs until a new tenant was found?

G_M

Zippeh wrote: »

1

I received word from her today that she has vacated the property and is requesting the deposit back. Once we have checked the room to make sure it's all ok, I think we will just return the deposit unless the above definition of "loss suffered by the landlord as a result of the tenants actions or inactions" covers them terminating their agreement early covers it?

What exactly did you agree with her regarding ending the tenancy?


And was that agreement written or verbal?


* a specific end date? If so, what?
* or an agreed notice period? How long?

* for the tenancy to continue till a replacement tenancy was created?
* for any of your costs to be covered eg re-marketing/re-letting costs?

Zippeh

Finchy2018 wrote: »

Did you agree she would cover the rent and costs until a new tenant was found?

Afraid not no. To be honest, I don't think she has the money to be able to do that anyway. If it had been raised, I think she would have refused.

I'm tempted just to pay back the deposit (assuming the room is still ok) and just learn a lesson from it.

Zippeh

G_M wrote: »

What exactly did you agree with her regarding ending the tenancy?


And was that agreement written or verbal?


* a specific end date? If so, what?
* or an agreed notice period? How long?

* for the tenancy to continue till a replacement tenancy was created?
* for any of your costs to be covered eg re-marketing/re-letting costs?

Currently it is just verbal, but I am looking online for templates for a deed of surrender to get her to sign.

As far as she is concerned (to my knowledge) she has left now and considers the tenancy ended. She has handed her keys back and vacated the room. On the deed of surrender I will date it 7th or 8th of March.

No costs have been discussed with her. I think this is something that I need to learn from and ensure it's covered in a tenancy agreement. Maybe add in a specific section about early termination for clawing back re-letting costs. I'm assuming it's too late to do so now, or can I claim it back from the deposit?

I haven't actually spoken to her. Two of us own the property, and my friend is the one who has dealt with her.

Finchy2018

I have to ask. Why did you become a landlord and did you do your research/learning?

Zippeh

Finchy2018 wrote: »

I have to ask. Why did you become a landlord and did you do your research/learning?

Yes thank you. This is a new situation for me though, and I came here seeking some advice in good faith not to be knocked down because I hadn't read up on every eventuality that can befall a landlord.

I'm assuming that you were born an expert and didn't need to learn anything then.

I take my responsibilities as a landlord very seriously and always do my best for the tenants that are in my property. I have the required licences, pay my taxes and always ensure all safety certificates are up to date. I could have tried to make life very difficult for the tenant by demanding she fulfill the agreement, or demanding that she pay until I find another tenant, but we didn't want to do that as we're not out to skin people for every penny.

chanz4

Hope you protected her deposit