Tenant wants to leave early

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  • Tenant wants to leave early

    I'm a newbie so hello to all!

    I hope someone can provide some advice for us here. Our tenant, who moved in on 23rd September, called us yesterday to say he has to go back to his country and wishes to vacate the property on 5th December.

    Our agreement provides that the tenant will remain liable to pay rent and other monies payable under the agreement until the term expires, which, if my understanding is correct would be until 23rd March. Is that right?

    We worked with an agency to find the tenant, opting out of full management service. For this, they charged a full month rent. Obviously, they are not responsible for what is happening but I was wondering whether the agency might agree to waive their fee to replace the tenant? Any fellow landlords with a similar experience?

    The contract is silent regarding compensation by the tenant for the landlords' costs of finding a new tenant. Can we make the tenant responsible for these?

    Also, we are very worried that the tenant may "forget" to pay any rent/monies due after he has left the UK... should our property remain empty after 5th December... How to deal with expat issues?
    Having said this, the tenant has guarantor, although on a fairly low income, so I guess we could try recover our monies from her. How would we go about this?

    Thanks,

    Duke

  • #2
    1. Unless the Tenancy Agreement contained a break clause that T can use, T is bound to pay rent for full the full tenancy period. You as L have no duty to mitigate loss during that period.
    2. IF you consent to allow early surrender, whcih you do not have to do, you can make this conditional on whatever terms you and T now agree.
    3. One such condition might be that T (or, failing T, the Guarantor) has pay all your additional expenses.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      Hi Jeffrey,

      Thanks for your reply.

      Originally posted by jeffrey View Post
      1. Unless the Tenancy Agreement contained a break clause that T can use, T is bound to pay rent for full the full tenancy period. You as L have no duty to mitigate loss during that period.
      There is a break clause whereby T has the right to terminate at the end of the first 6 mths. I suppose we would have to be able to show we tried to minimise our losses at least after the first 6 month period expired then?


      Originally posted by jeffrey View Post
      2. IF you consent to allow early surrender, whcih you do not have to do, you can make this conditional on whatever terms you and T now agree.
      We haven't decided whether to allow early surrender or not, I like the idea of further conditions that both T and I agree on. It seems reasonable to me. Another option we thought about is asking the tenant to find a new one to replace him. Is a L allowed to do a credit check on candidate T and to request reference from employer?

      3. One such condition might be that T (or, failing T, the Guarantor) has pay all your additional expenses.[/QUOTE] OK, thanks v much.

      Comment


      • #4
        1. No. T can leave at end of six moths (if using correct procedure). You cannot claim any amounts referrable to the period thereafter.
        2. Yes. All costs reasonably incurred by you in exchange for voluntarily allowing early surrender MUST be paid by T.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment

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