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    • Seagate15
    • By Seagate15 7th Feb 18, 6:05 PM
    • 7Posts
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    Seagate15
    Cooling off period
    • #1
    • 7th Feb 18, 6:05 PM
    Cooling off period 7th Feb 18 at 6:05 PM
    Hi there,


    Some help if anyone can would be greatly appreciated.


    I have a tenant who has recently signed a 6 month tenancy agreement for a rental property of mine (its my only one if that makes a difference). They have also paid their first month's rent already. They were set to move in but due to a change in circumstances now don't want to. They are saying they are entitled to a cooling off period. I'm reading conflicting things online.


    There is no agency involved, just me, we signed agreements and these were emailed on the 11th Jan 2018, they told me they did not want to move in on the 30th Jan. They paid their rent for the first month on the 26th Jan. they were set to move in tomorrow the 8th Feb.


    Can anyone help please?


    Thank you in advance
Page 1
    • theartfullodger
    • By theartfullodger 7th Feb 18, 6:12 PM
    • 9,527 Posts
    • 12,777 Thanks
    theartfullodger
    • #2
    • 7th Feb 18, 6:12 PM
    • #2
    • 7th Feb 18, 6:12 PM
    If they signed "at a distance" (email, by 'phone... ) then they are entitled: Otherwise not: See
    https://www.citizensadvice.org.uk/consumer/changed-your-mind/cancelling-a-service-youve-arranged/

    Depends what the receipt said for what they paid (there were receipts or you did agree terms please?) as to if you have to return the money or not.
    • beeg0d
    • By beeg0d 7th Feb 18, 7:46 PM
    • 153 Posts
    • 213 Thanks
    beeg0d
    • #3
    • 7th Feb 18, 7:46 PM
    • #3
    • 7th Feb 18, 7:46 PM
    If they signed "at a distance" (email, by 'phone... )[snip]
    Originally posted by theartfullodger
    Im assuming your refering to CCR's there, if i remember correctly CCR's (The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) require the entire sale to have been compleated "at a distance". Meaning if they viewed the propety then they viewed the goods at the place of business thus CCR's no longer apply so no cooling off period.

    Trying to force someone to uphold a 6month tennancy they dont want to before the tennancy even started would be more hassle then its worth. If it was me i would to let them out of the contract in exchange for your reletting costs (which just so happen to amount to the 1 months rent you have already banked).
    • PokerPlayer111
    • By PokerPlayer111 7th Feb 18, 8:00 PM
    • 247 Posts
    • 85 Thanks
    PokerPlayer111
    • #4
    • 7th Feb 18, 8:00 PM
    • #4
    • 7th Feb 18, 8:00 PM
    My general thoughts on people becoming landlords are either take the good with the bad or dont become a landlord in the first place. Sorry feel pretty strong on this one. You make good profits as a landlord exploiting the housing market bubble so see the bad times as giving a little back to the ecosystem.

    Just let them off completely or at a minimal fine (which probably not even worth it). Move on happy and no worries
    Last edited by PokerPlayer111; 07-02-2018 at 8:02 PM.
    • bris
    • By bris 7th Feb 18, 8:06 PM
    • 7,583 Posts
    • 6,604 Thanks
    bris
    • #5
    • 7th Feb 18, 8:06 PM
    • #5
    • 7th Feb 18, 8:06 PM
    They signed a contract, they have no get out to it, you are entitled to hold them to it until you find a new tenant at their cost.


    General thoughts don't come into it, they mucked you about, you have lost the chance of finding a tenant for all their wasted time, don't feel guilty you have done nothing wrong, they have.
    • buggy_boy
    • By buggy_boy 7th Feb 18, 8:24 PM
    • 403 Posts
    • 268 Thanks
    buggy_boy
    • #6
    • 7th Feb 18, 8:24 PM
    • #6
    • 7th Feb 18, 8:24 PM
    My general thoughts on people becoming landlords are either take the good with the bad or dont become a landlord in the first place. Sorry feel pretty strong on this one. You make good profits as a landlord exploiting the housing market bubble so see the bad times as giving a little back to the ecosystem.

    Just let them off completely or at a minimal fine (which probably not even worth it). Move on happy and no worries
    Originally posted by PokerPlayer111
    Thats not what the law says...

    http://www.landlordlawblog.co.uk/2011/01/24/tenants-legal-help-do-you-get-a-cooling-off-period/

    There is no point in forcing someone to keep to the 6 month tenancy however I would say the law is on your side, you are running a business not a charity.

    The letting agent has done their job so will want to be paid, you will need to pay to find a new tenant, then there is the lost rent until you find a new tenant plus council tax and utilities.

    There is no point in forcing them to take the tenancy however they should cover ALL of your costs so say they must pay the letting agent fee to find a new tenant, the utilities, council tax and rent until a new tenant is found.

    If I remember rightly there is some law that says you must reduce the losses so you cant just keep the property empty for 6 months and come after them but cant find it, im sure someone might be able to point to it.
    • G_M
    • By G_M 7th Feb 18, 9:21 PM
    • 44,056 Posts
    • 52,184 Thanks
    G_M
    • #7
    • 7th Feb 18, 9:21 PM
    • #7
    • 7th Feb 18, 9:21 PM
    If they signed "at a distance" (email, by 'phone... ) then they are entitled: Otherwise not: See
    https://www.citizensadvice.org.uk/consumer/changed-your-mind/cancelling-a-service-youve-arranged/

    .
    Originally posted by theartfullodger
    Does not apply to property, artful.
    • PokerPlayer111
    • By PokerPlayer111 7th Feb 18, 10:18 PM
    • 247 Posts
    • 85 Thanks
    PokerPlayer111
    • #8
    • 7th Feb 18, 10:18 PM
    • #8
    • 7th Feb 18, 10:18 PM
    Thats not what the law says...

    There is no point in forcing someone to keep to the 6 month tenancy however I would say the law is on your side, you are running a business not a charity.
    Originally posted by buggy_boy
    Law should be used as a guide only not blindly followed - remember reading that somewhere. Being a landlord doesn't need a ruthless approach for success surely? Short term a little lost but over few years good ROI i assume, its all cool.

    What is the actual cost of the error? listing fees? some rent? add that up and kindly request payment if funds are really that tight. Forget the contract stuff. Personally i would not bother.
    Last edited by PokerPlayer111; 07-02-2018 at 10:21 PM.
    • 00ec25
    • By 00ec25 7th Feb 18, 11:53 PM
    • 6,379 Posts
    • 5,888 Thanks
    00ec25
    • #9
    • 7th Feb 18, 11:53 PM
    • #9
    • 7th Feb 18, 11:53 PM
    Law should be used as a guide only not blindly followed - remember reading that somewhere. Being a landlord doesn't need a ruthless approach for success surely? Short term a little lost but over few years good ROI i assume, its all cool.

    What is the actual cost of the error? listing fees? some rent? add that up and kindly request payment if funds are really that tight. Forget the contract stuff. Personally i would not bother.
    Originally posted by PokerPlayer111
    your point may have had some validity if it were not for the fact your stance is driven by your hatred of landlords and envy at their profits, not from reason
    • PokerPlayer111
    • By PokerPlayer111 8th Feb 18, 5:50 AM
    • 247 Posts
    • 85 Thanks
    PokerPlayer111
    your point may have had some validity if it were not for the fact your stance is driven by your hatred of landlords and envy at their profits, not from reason
    Originally posted by 00ec25
    Whats with the ad hominem?
    It has validity regardless since math provides us objective measure. You get ROI year on year so chilled out perspective seems fair.

    If you want pure ruthless profit from investments with less hassle then maybe dont provide homes for humans as the choice, plenty of other much better ways.
    Last edited by PokerPlayer111; 08-02-2018 at 6:23 AM.
    • Seagate15
    • By Seagate15 8th Feb 18, 12:10 PM
    • 7 Posts
    • 0 Thanks
    Seagate15
    Thanks all for your input guys.


    I'm not sure the cooling off period would be valid anyway as if the tenancy was signed on 11th Jan, and then they notified me that they did not require the room on the 30th Jan, that would be 19 days therefore 14 day cooling off period even if it was appropriate would have already lapsed.


    The individual was set to move for their job that was a 6 moth rotation in the area. The reason for no longer needing it is apparently that their employer now wants them to move to a different area. Seems strange with only just over a week's notice before the actual move (8th Feb)


    Initially they said that the employer would foot the bill for the tenancy but now they are backtracking mentioning cooling off periods, as hasn't moved in yet the contract is not valid, and that i would not be able to relet the room for the period of the tenancy.


    I would have been willing to come to a fair arrangement but with what i have experienced so far it has made me angry at the situation and their behaviour so just trying to figure out where i stand with all this
    • Seagate15
    • By Seagate15 8th Feb 18, 12:13 PM
    • 7 Posts
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    Seagate15
    P.s there is no letting agent involved. I advertised the room myself and arranged all the paper work with them directly
    • pinklady21
    • By pinklady21 8th Feb 18, 12:22 PM
    • 561 Posts
    • 383 Thanks
    pinklady21
    Personally, I would proceed to relet the property. Assuming you are successful in finding a tenant, then you need to show that you have done all you can to mitigate your losses.
    However, the original tenants are in breach of their contract with you, as they have decided not to take up the tenancy. I would suggest that you are entitled to recover your reasonable costs from them - eg re-advertising, arranging viewings, setting up a new tenancy agreement with another tenant, the cost of the void period, unpaid rent, council tax etc. These are costs you would not have had if they had fulfilled their side of the contract. I assume that they did not pay you a deposit, that the money was the first month's rent only?
    • CIS
    • By CIS 8th Feb 18, 12:29 PM
    • 10,476 Posts
    • 6,051 Thanks
    CIS
    As the tenancy agreement is for 6 months (or more) the 'tenant' is liable for the council tax charge as the 'non-resident owner' (for council tax purposes) until the tenancy is ended.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax specialist. My views are my own reading of the law and you should always check with the local authority in question.
    • Seagate15
    • By Seagate15 8th Feb 18, 12:29 PM
    • 7 Posts
    • 0 Thanks
    Seagate15
    Hi Pinklady,


    No deposit, their parents are guarantors (for damage, not rent) in place of a deposit.


    The room is 'all bills included' and is a 3 bedroom property.


    Its a bit tricky at the moment, i would like to be readvertising it and getting someone else in place but without clarity on what exactly the other side intend to do now that is tricky.....bit of a mess really!
    • CIS
    • By CIS 8th Feb 18, 12:43 PM
    • 10,476 Posts
    • 6,051 Thanks
    CIS
    Hi Pinklady,


    No deposit, their parents are guarantors (for damage, not rent) in place of a deposit.


    The room is 'all bills included' and is a 3 bedroom property.


    Its a bit tricky at the moment, i would like to be readvertising it and getting someone else in place but without clarity on what exactly the other side intend to do now that is tricky.....bit of a mess really!
    Originally posted by Seagate15
    Ah, is it a room or a whole property ?

    If it's only a room then ignore my previous post as it's not relevant.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax specialist. My views are my own reading of the law and you should always check with the local authority in question.
    • pinklady21
    • By pinklady21 8th Feb 18, 12:46 PM
    • 561 Posts
    • 383 Thanks
    pinklady21
    Well - are they moving in or not? If not, then proceed to relet the room.
    If they are moving in, then what is the problem?

    I assume that you are a resident landlord, and that this is a room in your house and that you will be sharing facilities with the tenants?
    Therefore, they are not "tenants" as such, but lodgers. Big difference!
    • bobbymotors
    • By bobbymotors 8th Feb 18, 12:49 PM
    • 629 Posts
    • 872 Thanks
    bobbymotors
    Best thing IMO is to get it in writing from tenant that they wish to not take up tenancy.

    Then write back saying you will readvertise and relet as soon as you possibly can and that you will do your utmost to mitigate their losses.

    You can't get blood out of a stone so say a fresh ad, new agreement, 2 week void etc, then send them back any change: but no matter what I don't think it's worth pursuing them for any more money
    • pmlindyloo
    • By pmlindyloo 8th Feb 18, 12:59 PM
    • 11,475 Posts
    • 13,369 Thanks
    pmlindyloo
    It might help if you would tell us exactly what kind of tenancy agreement this is.

    I think many people answered believing you were renting out the whole house to one person/family.

    Now it seems to be a room?

    Are you a resident landlord? Do you rent out a 3 bed property to 3 individuals? Are they all on separate tenancy agreements?

    These are the things we need to know!
    • Seagate15
    • By Seagate15 8th Feb 18, 1:02 PM
    • 7 Posts
    • 0 Thanks
    Seagate15
    They are not a lodger as i do not live in the property. It is a 3 bedroom place and the rooms are let individually.


    Well they are currently saying they do not need to move in, but also saying that i can not relet the room as they have paid for it.


    I have it from them via text message (from their own mobile) that they do not wish to move in (sent back on the 30th Jan)
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