Tenant Wants to Leave Early with Only 28 Days' Notice on 12-Month AST Without Break Clause :(

Gary_Laurus

Hello fellow landlords ,

I'm currently facing a situation with my tenant and could use some advice. The tenant is on a 12-month AST without a break clause, which ends on October 28th, 2023. As agreed in the contract, I inquired 2 months before the end of the AST about their plans post-contract. They informed me on August 30th that they would be leaving on September 27th to go back abroad due to personal reasons, giving only 28 days' notice.

I'm currently abroad, 6000 miles away, so this is both expensive and inconvenient for me. I immediately started advertising the flat on OpenRent. The flat is priced below market value, and I've received 15 inquiries in just 10 days. However, none of the inquiries meet the 2.5x rent for salary requirements; some are students, and some are on benefits. I've also told the tenant that they can introduce a new tenant as an option.

I've informed the tenant that they are liable for rent until the end of the AST or until a replacement tenant is found. I'm trying to secure a new tenant to avoid making a costly trip back to the UK. I've had bad experiences with letting agents in the area and can't find anyone reliable to receive the keys on September 28th.

Additionally, I've spent £200 on a full clean-up of the one-bedroom flat. The tenancy agreement requires the tenant to leave the flat in the same clean condition. I have concerns that they won't comply.

My questions are:

1. If it comes down to holding the tenant liable for the final month's rent (which I've never done before and feel terrible about), what's the best way to go about it? Should I deduct it from their deposit or ask them to pay as usual on the rent due date?

2. Are they also liable for other bills like council tax, electricity, and gas until the end of the AST or until a new tenant moves in?

3. Is there a way to recoup the £200 cleaning expenses if the tenant fails to leave the flat in the required clean condition?

4. Given that none of the inquiries meet the salary requirements, what are my options for securing a qualified tenant?

Any advice would be greatly appreciated.

Thank you.

SiliconChip

How are you intending to enforce anything from 6000 miles away? Not having an agent in place to handle any local issues is madness. I think you'll just have to accept that your tenant is leaving early, take the hit on a void period until you can let the property again, and ensure that the deposit is returned in full.

Flugelhorn

sounds like you need to accept what has happened as a lesson and definitely find an agent, there are loads of people wanting rental places and agents are having no problems finding pepole.

also  what do you do if there is a problem at the flat now?? eg need tradesmen in?

Gary_Laurus

Thank you for your input. I understand the challenges of managing a property from 6000 miles away, and I agree that not having a reliable agent on the ground is far from ideal. However, the tenant agreed to a 12-month AST without a break clause and was informed 2 months before the end of the AST about their responsibilities, as per the contract.

 I've also received 15 inquiries in just 10 days, although none meet the 2.5x rent for salary requirements. The tenant has also been informed that they can introduce a new tenant as an option.

As for the deposit, it's meant to cover situations like this—early departure, unpaid rent, and potential cleaning costs (I've already spent £200 cleaning the flat). I'm trying to find a balanced approach that's fair to both parties, but I also have to consider my own financial responsibilities.

You bring up a valid point about the challenges of enforcement from a distance. However, it's worth noting that the AST contract is a legally binding agreement for both parties. What's the point of having such a contract if it can't be enforced? While I understand the practical difficulties, the contract sets the terms and expectations for both the tenant and myself as the landlord. I'm currently exploring options to enforce the contract terms, including holding the tenant liable for the final month's rent and other associated costs.

I appreciate your perspective and am open to further advice on how best to handle this. Thank you.SiliconChip said:

How are you intending to enforce anything from 6000 miles away? Not having an agent in place to handle any local issues is madness. I think you'll just have to accept that your tenant is leaving early, take the hit on a void period until you can let the property again, and ensure that the deposit is returned in full.

_Penny_Dreadful

Gary_Laurus said:

Hello fellow landlords ,

I'm currently facing a situation with my tenant and could use some advice. The tenant is on a 12-month AST without a break clause, which ends on October 28th, 2023. As agreed in the contract, I inquired 2 months before the end of the AST about their plans post-contract. They informed me on August 30th that they would be leaving on September 27th to go back abroad due to personal reasons, giving only 28 days' notice.

I'm currently abroad, 6000 miles away, so this is both expensive and inconvenient for me. I immediately started advertising the flat on OpenRent. The flat is priced below market value, and I've received 15 inquiries in just 10 days. However, none of the inquiries meet the 2.5x rent for salary requirements; some are students, and some are on benefits. I've also told the tenant that they can introduce a new tenant as an option.

I've informed the tenant that they are liable for rent until the end of the AST or until a replacement tenant is found. I'm trying to secure a new tenant to avoid making a costly trip back to the UK. I've had bad experiences with letting agents in the area and can't find anyone reliable to receive the keys on September 28th.

Additionally, I've spent £200 on a full clean-up of the one-bedroom flat. The tenancy agreement requires the tenant to leave the flat in the same clean condition. I have concerns that they won't comply.

My questions are:

1. If it comes down to holding the tenant liable for the final month's rent (which I've never done before and feel terrible about), what's the best way to go about it? Should I deduct it from their deposit or ask them to pay as usual on the rent due date?

2. Are they also liable for other bills like council tax, electricity, and gas until the end of the AST or until a new tenant moves in?

3. Is there a way to recoup the £200 cleaning expenses if the tenant fails to leave the flat in the required clean condition?

4. Given that none of the inquiries meet the salary requirements, what are my options for securing a qualified tenant?

Any advice would be greatly appreciated.

Thank you.

What was the plan if the tenants decided to leave 28th October? 

Legally the tenants owe rent to the end of the fixed term and will be liable for the council tax.  If you agree a mutual surrender of the tenancy then their liability for rent and council tax until the tenancy is surrendered. 

£200 for cleaning sounds like a lot.  If the tenants leave the property less clean that it was at the start you can deduct the money from the deposit. The tenants can challenge the deduction through the deposit scheme and you’d need to provide evidence that any deduction is reasonable. 

If you’ve started advertising the property how are you planning to conduct viewings or vet tenants if you’re 6000 miles away? What address for the serving of notices in England or Wales have you provided the current tenants with? 

Gary_Laurus

_Penny_Dreadful said:

Gary_Laurus said:

Hello fellow landlords ,

I'm currently facing a situation with my tenant and could use some advice. The tenant is on a 12-month AST without a break clause, which ends on October 28th, 2023. As agreed in the contract, I inquired 2 months before the end of the AST about their plans post-contract. They informed me on August 30th that they would be leaving on September 27th to go back abroad due to personal reasons, giving only 28 days' notice.

I'm currently abroad, 6000 miles away, so this is both expensive and inconvenient for me. I immediately started advertising the flat on OpenRent. The flat is priced below market value, and I've received 15 inquiries in just 10 days. However, none of the inquiries meet the 2.5x rent for salary requirements; some are students, and some are on benefits. I've also told the tenant that they can introduce a new tenant as an option.

I've informed the tenant that they are liable for rent until the end of the AST or until a replacement tenant is found. I'm trying to secure a new tenant to avoid making a costly trip back to the UK. I've had bad experiences with letting agents in the area and can't find anyone reliable to receive the keys on September 28th.

Additionally, I've spent £200 on a full clean-up of the one-bedroom flat. The tenancy agreement requires the tenant to leave the flat in the same clean condition. I have concerns that they won't comply.

My questions are:

1. If it comes down to holding the tenant liable for the final month's rent (which I've never done before and feel terrible about), what's the best way to go about it? Should I deduct it from their deposit or ask them to pay as usual on the rent due date?

2. Are they also liable for other bills like council tax, electricity, and gas until the end of the AST or until a new tenant moves in?

3. Is there a way to recoup the £200 cleaning expenses if the tenant fails to leave the flat in the required clean condition?

4. Given that none of the inquiries meet the salary requirements, what are my options for securing a qualified tenant?

Any advice would be greatly appreciated.

Thank you.

What was the plan if the tenants decided to leave 28th October? 

Legally the tenants owe rent to the end of the fixed term and will be liable for the council tax.  If you agree a mutual surrender of the tenancy then their liability for rent and council tax until the tenancy is surrendered. 

£200 for cleaning sounds like a lot.  If the tenants leave the property less clean that it was at the start you can deduct the money from the deposit. The tenants can challenge the deduction through the deposit scheme and you’d need to provide evidence that any deduction is reasonable. 

If you’ve started advertising the property how are you planning to conduct viewings or vet tenants if you’re 6000 miles away? What address for the serving of notices in England or Wales have you provided the current tenants with? 

Thank you for your insights. To answer your questions:

1. If the tenants decided to leave on the 28th of October, the plan was to either renew the contract or find a new tenant, as per the usual process. The tenant was informed 2 months before the end of the AST about their responsibilities, which is in line with the contract terms.

2. I appreciate the clarification on the legal aspects. I've informed the tenant that they are liable for rent and other bills like council tax until the end of the fixed term or until a mutual surrender of the tenancy is agreed upon.

3. The £200 for cleaning was a comprehensive clean-up of the one-bedroom flat. If the tenants leave the property in a less clean state, I intend to deduct the cleaning costs from the deposit. I understand that they can challenge this through the deposit scheme, and I'm prepared to provide evidence to justify the deduction.

4. As for advertising and viewings, I've been coordinating with a friend in the UK for now, although it's not a long-term solution. I used OpenRent's reference checking for vetting tenants. The address for the serving of notices has been provided to the current tenants as required by law.

Your points about enforcement and practicality are well-taken. I'm currently exploring all options to ensure that the terms of the AST are upheld while also being fair to both parties.

Thank you for your valuable advice; it's much appreciated.

Gary_Laurus

Flugelhorn said:

sounds like you need to accept what has happened as a lesson and definitely find an agent, there are loads of people wanting rental places and agents are having no problems finding pepole.

also  what do you do if there is a problem at the flat now?? eg need tradesmen in?

Thank you for your advice. While I understand the value an agent could bring, I've managed properties from abroad for several years without issues like this. I've never had a tenant give such short notice of only 28 days. In my experience, agents have been less than satisfactory in both finding tenants and managing properties, which is why I've opted not to use them. I already have a network of tradesmen, plumbers, and electricians that I've used for many years for any immediate issues at the flat.

Regarding the rental market, I've noticed on Rightmove and Zoopla that many agents are struggling to rent out properties, which further supports my decision to manage things myself. I've been successful in generating interest through OpenRent and have used their reference checking for vetting tenants.

As for what to do if there's a problem at the flat, I have all the necessary tradesmen in place for any immediate needs. I'm not new to this; it's just that this particular situation is unique and challenging.

I appreciate your perspective, but I'm exploring all options to ensure that the terms of the AST are upheld while also being fair to both parties. Thank you for your valuable insights; they're much appreciated.

km1500

The tenants are liable until 28 Oct if they don't pay you can take it from their deposit and/or sue them

If the LA try to charge you for CT show them the contract and they will bill the tenants up to 28th

_Penny_Dreadful

I don’t understand why this is any more inconvenient than the tenants simply leaving at the end of their fixed term. They’re not required to give you notice to leave at the end of the fixed term so this is 28 days more than you could have got. 

You could decide to hold the tenants to the end of the fixed term, which would be your right, but good luck getting them to allow viewings. What course of action will give you the shortest void period? 

Petriix

Council tax is not necessarily payable if the property is empty (depending on the specific rules for the area, some areas actually charge more for empty properties). 

Grumpelstiltskin

I cant see where the OP has answered the question about what UK address he has given the tenant.

I hope he has given the tenant a valid UK address otherwise he could be stirring a Hornets nest.