T didn't move in. Next step?

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    T didn't move in. Next step?

    Hi, a new T has paid a months rent and the deposit on Oct 17th. He decided not to take the house. He told me he had moved in but he became very elusive about doing an inventory. On Oct 27th I met him at the property and it was obvious he had never lived there. He admitted he had not moved in and had been made redundant and so couldn't afford the rent. He handed the keys back. I have told him that I will re-advertise asap but he will be liable to pay rent until I find a new T. The agent has refused to refund any fees stating that they carried out the usual employment checks (questionable?). My question is do I need to get T to sign anything before I re-advertise? He has after all paid for one months rent but it's in his interest to get it re-let as soon as possible. Any ideas? Thanks.

    #2
    Tenant is liable for rent for the period of the tenancy or if you wish until you get a new tenant. I'd do some sleuthing on the 'made redundant' issue. Have a look at him on Facebook and Linkdin and see if there are clues. Sounds suspect to me.



    Freedom at the point of zero............

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      #3
      Just move on. They did you a favour by not moving in. They could just as easily have moved in and stayed while not being able to afford the rent.

      Assuming tenancy agreement wasn't by deed, then no tenancy as never moved in, so no rent, just contractual.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

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        #4
        Thanks. I have mailed him a surrender on tenancy just in case there are future problems. I'm happy to move on as fast as possible and don't mind returning any of his rent once I have a new T. Its not easy loosing ya job. I'm defo changing agents. They offered no advice other than saying it wasn't their fault so they wont re-let for free or even offering a discount.

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          #5
          Threaten to sue for Rent for remainder of Rent to end of Fixed Term and negotiate down if you must.

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            #6
            Landlord doesn't have to mitigate for rent arrears, but if he never moved in, assuming not agreement by deed, tenancy didn't actually arise, hence no rent is payable and no rent arrears. Still simple breach of contract for failure to pay amount agreed to. I would expect the legal position to be that OP would have to mitigate loss here.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

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              #7
              Originally posted by KTC View Post
              Landlord doesn't have to mitigate for rent arrears, but if he never moved in, assuming not agreement by deed, tenancy didn't actually arise, hence no rent is payable and no rent arrears. Still simple breach of contract for failure to pay amount agreed to. I would expect the legal position to be that OP would have to mitigate loss here.
              I agree with the above.

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