Tenants have vacated property and are withholding upcoming rent due to Covid.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Tenants have vacated property and are withholding upcoming rent due to Covid.

    Hi All,
    I have 4 tenants in a property and they all have their own seprate 6 month AST leases signed at the begining of December. This week 2 of them have moved out and told me they are not willing to pay any further rent amid the current crisis.

    They have noticed that there is a clerical error on the paperwork, it has the incorrect end date in the express terms and reads as follows.
    " A FIXED TERM of 6 months commencing as of and including 06/12/2019 to and including 05/05/2020"

    Is this a valid reason for them to withhold rent payment, if not what is the correct way for me to inform them as such?

    Thanks in advance for any advice on this matter.
    Best,
    H

    #2
    Point out that 6 months does include 5th May!

    Letter before action if they don't pay up.

    Comment


      #3
      and 5th June!!

      Comment


        #4
        I wouldn’t be concerned about it myself. From what you’ve written it sounds as though they have paid up to date but have moved out earlier than the agreed end of tenancy and aren’t going to pay for the remaining term of the tenancy that they won’t be there.
        Just be thankful that they have paid up to date and have vacated the property rather than stopping payments but remaining in the property and causing you the hassle and expense of having to serve eviction notices etc.

        Comment


          #5
          It doesn't make too much difference, certainly not enough to frustrate the contract - at worst a court would limit their liability to 5th May whilst (if you needed to) you couldn't evict until 6th June. In the case of ambiguity, the court will favour whichever side didn't write the contract.

          I think you have to be pragmatic in these uncertain times.

          It sounds like 2 occupants are still present, would it eventually be physically possible to fill those vacant rooms? I presume each occupant has a tenancy agreement for a specific room?

          All deposits protected? Is the property licenced as a HMO? Are there guarantors?

          Comment


            #6
            Originally posted by Haribo View Post
            Hi All,
            I have 4 tenants in a property and they all have their own seprate 6 month AST leases signed at the begining of December. This week 2 of them have moved out and told me they are not willing to pay any further rent amid the current crisis.
            Sounds like they are willing (or at least have not excluded the possibility) that they will be willing to
            pay the rent after the crisis.

            Have you agreed in any way that the tenancy is ended by their actions?

            I would be inclined to contact them saying something like
            "I accept that there was a discrepancy between 6 months from 02/12/2019 and 05/05/2020.
            I am willing to accept that the tenancy ends 05/05/2020 and that you can then walk away with no further obligations under the contract.
            However, the discrepancy does not invalidate the agreement or the tenancy and you are therefore responsible for your obligations under the tenancy until it is ended 05/05/2020 or such other date as is lawfully chosen by you or agreed between us.

            I understand that the corona virus situation may be having an adverse effect on your financial situation, and therefore I look forward to discussing with you, at your convenience, a plan for you to pay any outstanding money after the crisis has been overcome."

            Comment


              #7
              I assume the two who have moved out have done so because they share a kitchen/bathroom with the others ? If so i could see difficulty in getting anyone else to move in given that cross contamination situation, as said above, they have paid up to date, moved out and i assume not damaged the property, i would count my blessings given what could of happened.

              Comment

              Latest Activity

              Collapse

              Working...
              X