Rental - Early Termination

Zippeh

chanz4 wrote: »

Hope you protected her deposit

Yes I did, straight away.

Finchy2018

It was a genuine query because I hated dealing with HMOs, I wouldn't pick that to be the first type of property i would deal with. To me they cause the most headaches and stress

Zippeh

Finchy2018 wrote: »

It was a genuine query because I hated dealing with HMOs, I wouldn't pick that to be the first type of property i would deal with. To me they cause the most headaches and stress

My apologies, I thought it was a bit of a loaded question.

The house wasn't purchased as a HMO. I originally lived in it with my friend. But as we both got married and moved out, and due to the type of house it is, it is more suited to a HMO than a family house. This is the first time we've ever had any issues with any tenants. I guess it was bound to happen eventually. We generally rent to older individuals who work in the University / local Hospital, and it's been relatively stress free!

Finchy2018

You've been lucky! I was going to list the issues I had with them as a property manager but it's just terrible! I looked after about 5 of them and non were straightforward!

G_M

Zippeh wrote: »

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.

You don't need to add anything into the tenancy agreement (though you can insert a Break Clause if you wish).


But you do need to be clear with tenants when you are discussing/agreeing the terms of an early surrender. And you do need to put those terms in writing, immediately, to avoid misunderstandings.


I get the impression you have a lot to learn about both rights/responsibilities, and about the practicalities, of tenancies.


** Tenancies in Eng/Wales: Guides for landlords and tenants

Zippeh

G_M wrote: »

You don't need to add anything into the tenancy agreement (though you can insert a Break Clause if you wish).


But you do need to be clear with tenants when you are discussing/agreeing the terms of an early surrender. And you do need to put those terms in writing, immediately, to avoid misunderstandings.


I get the impression you have a lot to learn about both rights/responsibilities, and about the practicalities, of tenancies.


** Tenancies in Eng/Wales: Guides for landlords and tenants

Thank you, I will give the link a read.

Zippeh

G_M wrote: »

You don't need to add anything into the tenancy agreement (though you can insert a Break Clause if you wish).


But you do need to be clear with tenants when you are discussing/agreeing the terms of an early surrender. And you do need to put those terms in writing, immediately, to avoid misunderstandings.


I get the impression you have a lot to learn about both rights/responsibilities, and about the practicalities, of tenancies.


** Tenancies in Eng/Wales: Guides for landlords and tenants

As an exercise, how would you have dealt with a tenant that wanted to leave so early into the tenancy? Or indeed at any point before the minimum requirement.

Finchy2018

I would had said to tenant you are liable for the agreement until the tenancy ends (accept notice to end at 6 months or tenancy length) I will re advertise the room/property and if someone is able to take this the tenancy will cease at the start of new tenancy. You are liable for any of my fees to cover any losses for such (referencing, creating new agreement etc) your liability ends when the new tenancy starts or the notice period ends, which ever is first. HOWEVER you could just cease the tenancy and move on.

G_M

Zippeh wrote: »

As an exercise, how would you have dealt with a tenant that wanted to leave so early into the tenancy? Or indeed at any point before the minimum requirement.

I'd have said, no problem, I'll agree to an Early Surrender subject to


* you pay my re-marketing costs
* the Surrender will take effect either
- [date 4 weeks/6 weeks ahead) to give me time, or

- on date I find a replacement tenancy
* you remain liable for everything(rent, council tax, utilities, damage etc) until that date


But different LLs will take different approaches.


But having discussed/agreed the above (or some other arrangement) I wouldput it in writing and get the tenant to write back with their agreement to the terms.

Zippeh

G_M wrote: »

I'd have said, no problem, I'll agree to an Early Surrender subject to


* you pay my re-marketing costs
* the Surrender will take effect either
- [date 4 weeks/6 weeks ahead) to give me time, or

- on date I find a replacement tenancy
* you remain liable for everything(rent, council tax, utilities, damage etc) until that date


But different LLs will take different approaches.


But having discussed/agreed the above (or some other arrangement) I wouldput it in writing and get the tenant to write back with their agreement to the terms.

Thank you. Wish I'd asked this before either of us spoke to her! As I said though, hopefully we can learn from this and be better placed to deal with issues in the future.