Old tenant not responding - new tenant ready to move in

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    #16
    Originally posted by DPT57 View Post
    You say that you have an email from him about leaving. Could you reproduce a redacted version here as it may be critical to your position.
    This was the original mail, before and after there are then checks from my side if I can come to arrange for viewings, pictures etc. I think its another week so have to just go on the checkout date and see if they turn up. If not then will have to anyway start the proceedings both for possession as well as pending rent arrears


    Hi
    Had a long think about staying..and i decided that i will leave when lease is over..i love it here but think its time to move and start new

    So I have decided to move at end of agreement since that is a little to much for me..i love living here but its to expensive for me..
    Thank for being nice and thinking of me

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      #17
      OP stated she was visiting the property on the 10th but no mention of what happened.

      Is the tenant there or have they moved out.
      My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

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        #18
        Originally posted by vin_1983 View Post
        As mentioned in the original post, I had signed the new AST as I never thought this kind of ridiculous rule exist where tenant can change their mind without any reason and landlord cannot do anything about it - have done this in past with 4 tenants and never had a issue. I had always thought by agreeing to a mutual end date at the end of AST there is no reason for me to worry about this. Going forward I will be getting a clause added in the new AST to cover off this issue and also always give a section 21 notice to old tenants when they decide to move out. Really miffed with such a unfair legislation
        The point is not whether the tenant changed his mind, but whether he did anything to bring the tenancy to an end or entered into a binding agreement to end the tenancy. A fixed term tenancy ends when it expires. There is no need for any action on the part of either party to end it. A tenant saying he will move out does nothing. It is not a binding agreement to surrender as it does not comply with the statutory requirements for a contract to dispose of an interest in land. Those requirements are in place to prevent people from accidentally entering into land contracts. The law provides that a new tenancy arises if the tenant stays after the fixed term expires to protect tenants from summary eviction. Inserting a clause in a tenancy agreement to cover the issue will serve no purpose.

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          #19
          Originally posted by landlord-man View Post
          OP stated she was visiting the property on the 10th but no mention of what happened.

          Is the tenant there or have they moved out.
          Its 50:50 tenant are still there but I can see they are taking steps to move out (packaging material, less personal stuff, flat was also cleaned) - but still not able to contact them or speak to them so keeping my fingers crossed for next week

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            #20
            Just to update to all - luckily the tenants have vacated, flat is in ok condition(not cleaned but not a mess), left their furniture etc so need to remove them and handed over all keys/fobs etc. So good news on possession side. Have written to them to make them aware about the expected cost+rent arrear which I would be requesting to deduct from the security deposit. Hope there is no other law which I may be breaking if I put a demand letter for damages and rent arrears to the estate agent which is managing the DPS deposit? Thanks a lot for all your views and recommendations,

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