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  • FIRST POST
    • Seagate15
    • By Seagate15 7th Feb 18, 6:05 PM
    • 7Posts
    • 0Thanks
    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 2
    • Seagate15
    • By Seagate15 8th Feb 18, 1:04 PM
    • 7 Posts
    • 0 Thanks
    Seagate15
    It is an 'Assured Shorthold Tenancy Agreement'


    The other two rooms are let out to two other individuals
    • bobbymotors
    • By bobbymotors 8th Feb 18, 1:48 PM
    • 615 Posts
    • 851 Thanks
    bobbymotors
    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)
    Originally posted by Seagate15
    well, you need to tell them quite clearly that if they want any of their money back at all they need to put it in writing to you quite clearly and unequivocally that they no longer want the room and you are free to re let it.

    they're being stupid thinking they can both get their money back and that you an't relet. It's either one or the other!
    • AnotherJoe
    • By AnotherJoe 8th Feb 18, 2:28 PM
    • 9,032 Posts
    • 9,924 Thanks
    AnotherJoe
    The problem seems to be he doesn't have any of their money as he foolishly didn't take a deposit.
    • Seagate15
    • By Seagate15 8th Feb 18, 2:32 PM
    • 7 Posts
    • 0 Thanks
    Seagate15
    Hi AnotherJoe,


    If you read my initial post it states quite clearly that i have the first month's rent - so am not out of pocket....yet. If i had taken a cash deposit, it would have been for damage to the property, not to cover unpaid rent.
    • AnotherJoe
    • By AnotherJoe 8th Feb 18, 8:01 PM
    • 9,032 Posts
    • 9,924 Thanks
    AnotherJoe
    Hi AnotherJoe,
    If you read my initial post it states quite clearly that i have the first month's rent - so am not out of pocket....yet. If i had taken a cash deposit, it would have been for damage to the property, not to cover unpaid rent.
    Originally posted by Seagate15
    My bad and my apologies but you still have a problem and the deposit isn't just for damages it's for money they owe you. Could be damages could be rent where are you if they ckear off not paying last months rent having left damages?

    Anyway surely the obvious thing to do is tell them you'll be reletting it and will bill them for any gap outside the first month (but good luck getting it from them if you need it are you prepared to go to law ?)

    You could I suppose ask them if they wish instead to pay you for the first six months instead. They seem wholly illogical to have even suggested you cannot relet it and yet don't wish to pay.
    • saajan_12
    • By saajan_12 9th Feb 18, 9:02 AM
    • 1,207 Posts
    • 838 Thanks
    saajan_12
    Rent its a debt, not a loss. By signing the contract as long as you follow all landlord duties, the would be tenant owes rent for the entire fixed term. There is no loss to mitigate.

    I would write to them stating that per the contract, £rent is due for x months. If they would like to terminate this contract early, you are willing to terminate their obligations under the tenancy subject to them forgoing any claim to the property and paying £x equal to your reletting costs plus lost rent until you find a replacement tenant plus something for the extra time/hassle. State the offer is "without prejudice" ie you are not acknowledging a lower amount owed if they don't take up the offer.
    • PokerPlayer111
    • By PokerPlayer111 9th Feb 18, 9:16 AM
    • 243 Posts
    • 85 Thanks
    PokerPlayer111
    On a side note not specifically relating to the actual problem but maybe a bit losely connected... a 6 month contract for a room in a house is OTT. I've lived in 3 different rooms 2 of which my contract stated i could leave at anytime the other did say 6 months but i left after 4 months and the landlord was super chilled about it, no extra charge.

    Again this is mostly just a general point about renting rooms and the contract.
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