Notice before end of tenancy

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    Notice before end of tenancy

    Hi, just wondered what others do if a tenant gives notice at 6 months when they have a 12 month AST in place. There is nothing in the tenancy agreement that says they can leave but nothing specific about this eventuality.

    I guess if someone wants to leave then they want to leave. But, just wondered if anyone holds the tenants to this or whether you get them to help find a new tenant.

    Thanks.

    #2
    The basic position, put simply.

    They have signed a contract to rent the property for 12 months, so have to honour it and pay the agreed rent for 12 months.

    Whether they are living there or not they still have to pay what they have contracted to pay, you still have to provide what you have contracted to and let them have exclusive access to the property.

    If they want to get out of that contract early then it's time to negotiate.
    What will you accept to let them surrender early and leave? What will they pay to surrender early and leave?

    But until you both agree to something then they are liable to pay rent for the full 12 months, (and you can't let to someone else until the 12 months are up).

    It's not up to them to find a new tenant, unless it's part of what you agree to, but it is up to them to pay what they have contracted to pay.

    Comment


      #3
      Hmm. Thanks. What happens if they just leave when they want to? I guess I could then take them to court but it is hassle that I probably don’t want. Just wondered what a reasonable middle ground might be where you part ways amicably. I can easily fill the room however, it is a bit of a hassle to sort out meeting the new tenant and signing paperwork. I haven’t this far charged any fees but maybe I should which would help offset the time required for the new tenant.

      Comment


        #4
        That's where it goes beyond the basics.

        If they just leave then the contract is still in force and you have to go through the courts.
        You can't just relet the property to someone else - they still have a tenancy agreement, even if they are not paying any rent.

        You can't change the locks or do anything else to keep them out of the property, that would be classed as illegal eviction and you could be in big trouble.

        You have to go to court to evict them for non-payment of rent, which takes months if not longer, and can't be done if your paperwork is not completely in order.
        And then you have to chase them for the money that they owe, again probably in court.

        You sound as if you know oddly little about rental law for a landlord.

        Form your previous posts you seem to have an HMO (and this is in the HMO forum), so how do you not know basic tenancy law?
        Have you done any landlord training?

        Did you take a deposit, and if so did you protectect it properly and serve all the required protection paperwork on time?
        Did you give them the 'How to rent' booklet, and all the other required paperwork?
        Did you do a 'right to rent' check?
        Is there a gas safety certificate?
        Is the HMO registered?
        Does it comply with all safety and other requirements?

        I'm not a landlord but even I know that these things are required by law.

        I've no doubt others (landlords and tenants) will be along to say more, but to start with the answers to the above questions will help.

        You should also answer the basic questions questions about this particular rental agreement that you can find here: https://forums.landlordzone.co.uk/fo...ll-new-posters

        Comment


          #5
          Originally posted by nukecad View Post

          Form your previous posts you seem to have an HMO (and this is in the HMO forum), so how do you not know basic tenancy law?
          Have you done any landlord training?
          Did you take a deposit, and if so did you protectect it properly and serve all the required protection paperwork on time?
          Did you give them the 'How to rent' booklet, and all the other required paperwork?
          Did you do a 'right to rent' check?
          Is there a gas safety certificate?
          Is the HMO registered?
          Does it comply with all safety and other requirements?
          Just to clarify your questions.

          1. I do know about tenancy law and have completed some landlord training, but my question was more about how to be a reasonable landlord to come to an agreement when tenant circumstances change
          2. Yes, I do have a deposit and it is protected under the law and all served within 30 days (same day as deposit received)
          3. All required paperwork has been given to the tenant and signed for
          4. Yes, right to rent check completed and documentation in place (plus GDPR compliant)
          5. Both gas and electrical safety in place with copies circulated and on display in the property
          6. It is a registered HMO and exceeds compliance levels
          7. Of course it fully complies with fire and other safety regulations (gold charter foundation)

          I am sure that you know that a tenant can leave before the end of an AST if both the tenant and landlord agree and there is no need to start involving court proceedings.

          I am sorry if I seem to have upset you somehow with my questions that you deem to be far too basic for discussion within this forum.

          Comment


            #6
            Basically it's a matter for you to negotiate.

            nukecad is stating the legal position, which is where that starts from.
            You can't keep someone a prisoner in your property, but, equally, they can't actually just up and leave.
            They've committed to 12 months and, worst case, have to pay 12 months.

            That's your start point.
            You're free to agree whatever you and the tenant find acceptable.

            As an aside, given that you're relatively happy for the tenant to go (which I would be), why not stick to a 6 month AST?
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              You haven't upset me at all. Sorry If it came across that way.

              It's not the fact that your questions are basic - it's the language that you use, with all the wondering and guessing, which gives the impression that you may not be very experienced.
              (Especially the one about court - you should know that you could take them to court, not be guessing).

              Hi, just wondered what others do if a tenant gives notice at 6 months...

              I guess if someone wants to leave then they want to leave. But, just wondered...
              What happens if they just leave when they want to? I guess I could then take them to court...

              Just wondered what a reasonable middle ground might be...
              I do hope you use firmer language when talking to or otherwise communicating with your tenants.

              What is going to be reasonable and amicable is obviously going to depend on the particular tenant in each case, some will work with you to facilitate leaving early, some will be stroppy argumentative b****'s, some will just ignore you and do what they want anyway.

              I doubt that you could set just one guideline for handling them all. Different people are different people.

              Comment


                #8
                Originally posted by nukecad View Post
                It's not the fact that your questions are basic - it's the language that you use, with all the wondering and guessing, which gives the impression that you may not be very experienced.
                I am sorry about my use of language. I guess that this is because of my personality, which is not overly forceful and I try to find a common ground in as many situations as possible. :-) To be honest, I don't use more firmer language when talking or communicating with my tenants- not sure it gets the best out of a relationship in my experience. Thankfully, I have had quite reasonable tenants over the last 15 years and not needed to involve courts ever so maybe I have limited experience in this side of being a landlord. Maybe just lucky though!

                However, I realise that tenant situations change and wanted really to discuss the sort of compromise agreements that others have reached. I am sure I can find something that works in this case as well.

                jpkeates, in reply to your message about moving to 6 month ASTs, yes, I have moved to this now which confers protection for both parties. Thank you for this comment.

                Comment


                  #9
                  I'm with you there Koups52, (10 years experience helping manage a pub), you get much better results in tricky situations if you can stay calm and compromise.

                  Sometimes though you have to be firm.

                  In business/contractual situations, which after all is what a tenancy agreement is, there is no real place for unclear language.
                  Of course it's also confused by the fact that tenants are not always businesslike people.

                  The old issue, do you, should you, treat tenants as business assets/liabilities or treat them like people?
                  (I believe that is why landlord/tenant law sometimes gets confused, it's trying to do both at the same time).

                  Hopefully others with experience of your situation will be along after the bank holliday.

                  Comment


                    #10
                    Originally posted by nukecad View Post
                    The old issue, do you, should you, treat tenants as business assets/liabilities or treat them like people?
                    (I believe that is why landlord/tenant law sometimes gets confused, it's trying to do both at the same time).
                    I treat them as customers.
                    Works for me so far.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      To expand on post 4:

                      If the tenant under an assured tenancy ceases to reside at the property the tenancy ceases to be an assured tenancy and the provisions of the Housing Act 1988 relating to the termination of tenancies do not apply. Accordingly, assuming the terms of the tenancy so provide, the tenancy may be forfeited if the tenant fails to pay the rent. Further, the landlord may enter without a court order as the Protection from Eviction Act 1977 does not apply if the tenant is not residing at the property.

                      However, certainty is achieved if there is a negotiated end to the tenancy properly recorded in a deed of surrender. I think I posted a draft deed of surrender somewhere in the forum.

                      Comment

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