Tenant leaving when in a contract

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    Tenant leaving when in a contract

    Hi all

    I had a tenant move in December 2020 and he signed a 12 month let. I’ve been informed by the letting agent today he has moved out- relocated for work and does not have funds to pay past the 15th April. We would therefore need to use the deposit for April’s rent. I will obviously put the property back on the market and try relet as soon as I can, and do everything I can my end. However any advice on how to manage this situation please? Is he contractually obliged to pay rent until a new tenant moves in as he is in a contract period? If so, can this be enforced?

    Thank you in advance

    #2
    The tenant is obliged to pay the full 12 month's rent until you retake possession of the property.
    If you accept the tenant's surrender of the property, the tenancy ends and their obligation to pay rent also ends at that point.

    The tenant is also in breach of contract, and you can claim compensation for any reasonably foreseeable loss arising from this.
    But there's not likely to be any.
    The costs of reletting are probably not a loss, they're just routine costs brought forward (they'd have happened in 12 months anyway) and it's hard to argue that lost income (rent) is an actual loss.

    In reality, there's usually not much you can do and I'd relet the property and move on.
    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


      #3
      Be grateful he left rather than stayed, no rent income, probably 12+ month wait to evict what with the mess the Tories have made of the court system & ditto covid. Lucky you!
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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