Subletting question

itwasntme001

Hi,

My tenants want to leave early part way through a fixed term AST.  No break clause.

Normally I would allow, but as with many landlords now, I am looking to sell and put the property on the market once the current tenants leave.

I have refused permission for subletting or reassignment of lease because of my intentions to sell, and having another tenant would increase risk of not getting back my property in time for when I want to sell.  My tenants do not agree am I being reasonable.

I believe I am being reasonable with the refusal.

My questions are:

- Would this be seen as reasonable in the eyes of the court?

- I an not at all expecting it (so far my tenants have been good), but could they let it out to another tenant without my consent and telling me?  If so would this be classed as sub letting and so what are the repurcussions for me?

- Am I right to believe that a re-assignment of a AST can not happen legally at all without my explicit consent and signature?

TIA.

sheramber

Would it not be convenient to  agree to them leaveling so you could sell now?

itwasntme001

sheramber said:

Would it not be convenient to  agree to them leaveling so you could sell now?

No it would not be convenient.

CurlySue2017

itwasntme001 said:

sheramber said:

Would it not be convenient to  agree to them leaveling so you could sell now?

No it would not be convenient.

Why is that, if you want to sell?  Surely them being out would be better for you.....

cymruchris

So you want to sell when the tenants leave - and they want to leave - but you don't want to sell?

Emmia

Surely your tenants leaving of their own accord is perfect from your perspective? 

itwasntme001

I shouldn't have to agree to end a tenancy just because I am scared of tenants not moving out.  they made their intentions clear to leave so I have no issues with them not leaving once the fixed term expires.

Furthermore, I have bills to pay including a mortgage, so it would also be inconvenient from that perspective.

FlorayG

No they can't do that. Your tenancy agreement is with them specifically they can't assign it elsewhere.  But you want to have your cake and eat it. If they want to leave, let them off the rest of the AST and put the property on the market. Or, make them stay responsible and probably have them turn into very bad tenants who have now lost the property they were planning to move into and may refuse to leave at the end of the AST
Bad landlords give the rest of us a bad name; don't be one

Emmia

itwasntme001 said:

I shouldn't have to agree to end a tenancy just because I am scared of tenants not moving out.  they made their intentions clear to leave so I have no issues with them not leaving once the fixed term expires.

Furthermore, I have bills to pay including a mortgage, so it would also be inconvenient from that perspective.

I don't understand your post. 

You have tenants on a tenancy that they want to end early, on a property you want to sell... I can't see the issue. 

Is it that selling now is inconvenient due to mortgage fixes etc. so you'd prefer to sell at the end of their fixed period? Something else? If you don't want to sell now, then you can re-let?

itwasntme001

Emmia said:

itwasntme001 said:

I shouldn't have to agree to end a tenancy just because I am scared of tenants not moving out.  they made their intentions clear to leave so I have no issues with them not leaving once the fixed term expires.

Furthermore, I have bills to pay including a mortgage, so it would also be inconvenient from that perspective.

I don't understand your post. 

You have tenants on a tenancy that they want to end early, on a property you want to sell... I can't see the issue. 

Is it that selling now is inconvenient due to mortgage fixes etc. so you'd prefer to sell at the end of their fixed period? Something else? If you don't want to sell now, then you can re-let?

Yes I am on a fixed term that expires later this year.  I do not want to sell before this ends.  I also am well within my rights to enforce a contract, that my tenants agreed to, and which I am happy to oblige with my end of the contract.

Seems incredibly stupid of some on here (not you) to accuse me of being a bad landlord.  Anyway, I have suggested to my tenants I will put the property on the market for sale, and they can leave once an offer is close to exchange.

From what I read I am well within my rights to enforce the contract and the tenants really so not have much say in the matter.

If the tenants stay after the fixed term ends then so be it, I can keep collecting rent.  But it appears a lot safe than having new tenants who might want to stay longer.  At least with my current tenants then have made it clear they want to leave.

itwasntme001

itwasntme001 said:

Hi,

My tenants want to leave early part way through a fixed term AST.  No break clause.

Normally I would allow, but as with many landlords now, I am looking to sell and put the property on the market once the current tenants leave.

I have refused permission for subletting or reassignment of lease because of my intentions to sell, and having another tenant would increase risk of not getting back my property in time for when I want to sell.  My tenants do not agree am I being reasonable.

I believe I am being reasonable with the refusal.

My questions are:

- Would this be seen as reasonable in the eyes of the court?

- I an not at all expecting it (so far my tenants have been good), but could they let it out to another tenant without my consent and telling me?  If so would this be classed as sub letting and so what are the repurcussions for me?

- Am I right to believe that a re-assignment of a AST can not happen legally at all without my explicit consent and signature?

TIA.

Can someone please answer my questions directly, instead of such quesitons as above?