Tenants want to leave before fixed term. Do I have to mitigate to find a replacement?

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    Tenants want to leave before fixed term. Do I have to mitigate to find a replacement?

    Single tenant on 1 bed flat, on fixed 12 month AST, fixed term ends 31/08/21.
    Wants to leave asap, has asked me to re-advertise. Do I have to?

    TBH I want to try but I am concerned about what happens if I cannot find a good quality tenant in time, my criteria are quite high. I don't want to accept anyone just to help them out.
    Tenant has offered to find and credit ref potential tenants for me, and pay my legal fees for new contracts etc.
    So am I legally compelled to do this? Or could I be a curmudgeon?

    #2
    You could be a curmudgeon - but then you risk your tenant not paying or trashing the place! Better to be a decent human being - things change so go with the flow.

    I'd be inclined to ask for 1 months notice &/or costs and get the process going. You may even be able to raise the rent

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      #3
      Well of course, but what is the legal position?

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        #4
        There is nothing that the tenant can do to force you to accept their notice, they can't end the contract before the end of the fixed term without your agreement.

        If you do agree to ending the agreement early, what you can charge the customer are limited to your actual costs, but you aren't under any obligation to mitigate those costs (although, to be honest, I'd guess that's likely to happen anyway, who spends more money than they have to?)

        So that's the legal position.

        On the other hand, the costs are simply being brought forward, they would happen on any change of tenant (and you're unlikely to be any less choosey about tenants in a few month's time - and nor should you be!).
        Why fight?
        From the sound of it, the tenant is trying to do the right thing.

        But don't let them find and reference any replacement, help finding and viewing might be OK.
        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).

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          #5
          Ok thanks for clarifying the legal position.
          Yeah tbh if I can get them to cover my costs then I save money I would have spent in advertising and new contracts etc at end of august, so I can see it is a winner to go ahead.
          That's not really the issue, its just my cautious nature, I need to know the legal position before I can make a decision. I am always happy to be helpful, but I don't want to get painted into a corner.

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            #6
            Legally they are contracted to pay you for 12 months - but being right legally doesn't always ensure you get the money in your bank!

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              #7
              Unfortunately, this is why long, (anything more than 6 months) fixed term tenancies only ever benefit the tenant.

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                #8
                Originally posted by DPT57 View Post
                Unfortunately, this is why long, (anything more than 6 months) fixed term tenancies only ever benefit the tenant.
                and agents who claim fees for the agreed term.

                Comment

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