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Subletting question

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  • Herzlos
    Herzlos Posts: 15,838 Forumite
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    How long is left on the AST?
  • itwasntme001
    itwasntme001 Posts: 1,261 Forumite
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    Herzlos said:
    How long is left on the AST?

    7 months left but they want to leave in 2 months.
  • itwasntme001
    itwasntme001 Posts: 1,261 Forumite
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    FlorayG said:
    Emmia 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.
    Putting your property up for sale whilst sitting tenants are in place might be a problem. Your tenants are entitled to quiet enjoyment and that wouldn't normally include having various prospective buyers visiting and walking around the property whilst they are there. Even having Estate Agents, valuers or other sales people visit would be entirely at their discretion.....not yours. Good luck.
    Also, you will get interest only from people who want a property with tenant in situ and the concomitant reduction in price. Nobody in their right mind is going to proceed with a purchase for a home for themselves on the promise 'tenants have said they want to leave'; people will just say "fine, let me know when they have left"
    Well there is no harm in trying, at th eend of the day I am just helping my tenants out.  They might get lucky and a buyer comes along for the price I want.
  • subjecttocontract
    subjecttocontract Posts: 2,702 Forumite
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    Emmia 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.
    Putting your property up for sale with sitting tenants might be a problem. Your tenants are entitled to quiet enjoyment and that wouldn't normally include having various prospective buyers visiting and walking around the property whilst they are there. Even having Estate Agents, valuers or other sales people visit would be entirely at their discretion.....not yours. Good luck.

    Then if that is the case, no agreed sale before the tenancy ends, tenants therefore remain till the end and remain unhappy.  Can't have it both ways!!!
    I'm merely pointing out how it's likely to work or not. As a landlord I've spent the last 7 years selling my rentals some whilst sitting tenants are still in place. Your agents may have someone who wants to view e.g. next Saturday at 2pm and your tenants are out all day, back at 6pm. Sunday ? No they have visitors etc etc. It's far from easy even if the tenants are willing and able. Not all tenants make their bed or wash up or tidy up because your prospective buyers are viewing. Then they see your property at its very worst. Unless you have tenants who will put themselves out for you I wouldn't recommend it.
  • itwasntme001
    itwasntme001 Posts: 1,261 Forumite
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    Emmia 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.
    Putting your property up for sale with sitting tenants might be a problem. Your tenants are entitled to quiet enjoyment and that wouldn't normally include having various prospective buyers visiting and walking around the property whilst they are there. Even having Estate Agents, valuers or other sales people visit would be entirely at their discretion.....not yours. Good luck.

    Then if that is the case, no agreed sale before the tenancy ends, tenants therefore remain till the end and remain unhappy.  Can't have it both ways!!!
    I'm merely pointing out how it's likely to work or not. As a landlord I've spent the last 7 years selling my rentals some whilst sitting tenants are still in place. Your agents may have someone who wants to view e.g. next Saturday at 2pm and your tenants are out all day, back at 6pm. Sunday ? No they have visitors etc etc. It's far from easy even if the tenants are willing and able. Not all tenants make their bed or wash up or tidy up because your prospective buyers are viewing. Then they see your property at its very worst. Unless you have tenants who will put themselves out for you I wouldn't recommend it.

    But can you not see the tenants are actually incentivised by making sure a sale happens, so they can potentially leave early?

    I am quite frankly shocked by the ignorance of some posters on here.  Truely bizzare!
  • sheramber
    sheramber Posts: 22,372 Forumite
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    If they cannot leave in 2 months it may not be any advantage to them to leave in say 6 months. 

    If they have found a property available on 2 months they will have lost it so no need to leave early or  at the end of the tenancy. You would then  have the costs and delay of evicting them . 
  • saajan_12
    saajan_12 Posts: 5,010 Forumite
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    Emmia 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?

    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.


    Well no, that's the framework of letting property in this country.
    Your contract can say fixed term for 12 months and then tenant must leave, or 2 months notice and then tenant must leave. However they don't actually have to leave at that point, and can stay until a court makes them leave which can easily be another 6-12 months for the whole process. 

    Your contract can state rent on X date, but if they perpetually pay 1 week late, there's little you can do about it. A normal contract between two equals would mean the breaching party covers your damages, which might include interest from day 1 and losses or penalties you incurred due to late payment, etc. However here you can't charge them interest for 14 days, nor claim anything else. You might be able to evict but under a discretionary ground. 

    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?
    .
    Yes you can probably enforce no re-assignment and no early termination of the tenancy. So the current tenants would remain liable to you. 

    Re your second point, you can't physically enforce them not moving someone else into the property and collecting rent from them. Legally its the same for you, ie failure to pay rent = CCJ plus Section 8 notice. However if you have a direct relationship with the residents, the threat of eviction is more of an incentive to avoid becoming homeless whereas if they sublet then they won't care as much. 


    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.
    Maybe.. or the current tenant's house purchase could fall through and it could take ages to line up a new property. If you advertise for a 6 month fixed tenancy only, that might encourage new tenants who are happy to only stay for the short term. 

    To be clear, I don't think you're a bad LL for wanting to enforce your contract .I'm just trying to outline the practical ways you can (or can't!) enforce that amid the regulations in this country. 
  • itwasntme001
    itwasntme001 Posts: 1,261 Forumite
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    edited 14 April at 12:12PM
    Can I give the option to the tenants, if they want to leave early, to pay a partial payment for the remaining rent (from when they leave till end of tenancy) upfront on surrender?  So if there is 6 months from when they leave till end of tenancy, they pay say 50% of the rent upfront to surrender, i.e. 3 months rent?

    Or is this prohibited by law?

    I obviously would not be re-marketing the property for let but instead to sell.
  • user1977
    user1977 Posts: 17,733 Forumite
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    I'm not aware of any legal restriction on whatever deal the landlord and tenant make for a surrender.
  • saajan_12
    saajan_12 Posts: 5,010 Forumite
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    Can I give the option to the tenants, if they want to leave early, to pay a partial payment for the remaining rent (from when they leave till end of tenancy) upfront on surrender?  So if there is 6 months from when they leave till end of tenancy, they pay say 50% of the rent upfront to surrender, i.e. 3 months rent?

    Or is this prohibited by law?

    I obviously would not be re-marketing the property for let but instead to sell.
    I think you risk this being construed as a fee to for a variation of the contract (ie to change the end date). Since the Tenant Fees Act 2019, this is allowed but capped at £50 unless you have reasonable costs that are higher. You may struggle to demonstrate actual costs of 3 months rent if you don't try to relet the property. 

    An angry tenant can take the deal and then complain and you'd incur a significant fine if the decision went against you. Not a slam dunk, but its a risk I wouldn't take. 

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