Tenant refuses to agree departure date; what to do?

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    Tenant refuses to agree departure date; what to do?

    Hi, my tenant, a young family, have been in my rental property for just over two years.

    I recently sent them notice that I want to increase the rent. The deadline for response was September 2008. They have decided to move out, as they can not afford the increase.

    1. They are not committing to a leave date and not sent me written notice in accordance with the tenancy agreement.

    2. They have not paid this l months rent (was due on the 1st)

    3. I suspect they will attempt to run off without paying rent for the last month, and leave me with the deposit.

    4. They are over £3,000 in arrears.

    I have sent several letters by recorded mail, and have left several messages.

    They are refusing to allow in lettings agents so I can market the property for more tenants.

    What can I do?

    Why do tenants think they can live for free?! Its so annoying!!!!!!!

    #2
    Please share the following information with the members:
    1. What is the commencement date of the tenancy agreement?
    2. What is the end date or length of term of the tenancy agreement?


    Depending on the answers, I'm sure we'll have suggestions for you.

    Comment


      #3
      Tenancy dates

      Many thanks

      - The tenancy started October 2006 (one year then further extended for a year)
      - The tenancy ends March 2009 (extended from Oct to March 2009)

      But now they want to leave

      Comment


        #4
        Originally posted by LondonOne View Post
        Many thanks

        - The tenancy started October 2006 (one year then further extended for a year)
        - The tenancy ends March 2009 (extended from Oct to March 2009)

        But now they want to leave
        "Extended": how? Is this by a Supplemental Agreement, or did the fixed term simply become periodic by operation of law?
        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


          #5
          Re-phrased

          LondonOne let's keep it simple. Please simply state two dates:
          1. the commencement date of the current tenancy agreement; and
          2. the end date of the current tenancy agreement (or if there is no end date, the length of the term).

          I'll be a monkey's aunt if you have a supplemental agreement. I wait to be corrected...

          Comment


            #6
            Tenancy dates

            Start - 1 October 2006 Finish - 30 September 2007.

            Another AST signed 1 October 2007 Finish 30 September 2008.

            Thereafter, a periodic tenancy.

            I'm not sure if I was right in asking them to sign another AST in 2007?

            Comment


              #7
              Originally posted by LondonOne View Post
              Start - 1 October 2006 Finish - 30 September 2007.

              Another AST signed 1 October 2007 Finish 30 September 2008.

              Thereafter, a periodic tenancy.

              I'm not sure if I was right in asking them to sign another AST in 2007?
              Either way, you did. It's now periodic. T can end it by giving at least one month's Notice but this should end at a tenancy month end.
              A Notice given today [17 Dec. 2008] would therefore run to & inc. 31 Jan. 2009.
              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


                #8
                Update

                Indeed, the tenants left, without paying and without giving a forwarding address.

                The house is in a mess, there is rubbish on the drive, with the wind blowing it in to the road.

                The garage door does not close (it is almost full of old furniture), the kitchen units are damaged and the cooker is broken.

                The list goes on ...

                I want to use a track and trace service to locate them and have decided, without any reservations, that I want to pursue with legal advice/action.

                Can you recommend a firm please?

                Thanks very much

                Comment


                  #9
                  Originally posted by LondonOne View Post
                  Indeed, the tenants left, without paying and without giving a forwarding address.

                  The house is in a mess, there is rubbish on the drive, with the wind blowing it in to the road.

                  The garage door does not close (it is almost full of old furniture), the kitchen units are damaged and the cooker is broken.

                  The list goes on ...

                  I want to use a track and trace service to locate them and have decided, without any reservations, that I want to pursue with legal advice/action.

                  Can you recommend a firm please?

                  Thanks very much
                  How do you know they have left?

                  Have they informed you? and have they returned all keys to the property?

                  Comment


                    #10
                    Update

                    They did not inform me. I drove past the property last night and saw the lights were off, curtains drawn and the rubbish was almost walking down the drive.

                    I telephoned the tenants who said "we left a few days ago, I left a message on your voicemail". He did not.

                    I asked about the keys, his reply was that he would return them when I can come to collect. But he still refused to give his whereabouts!

                    Comment


                      #11
                      Originally posted by LondonOne View Post
                      They did not inform me. I drove past the property last night and saw the lights were off, curtains drawn and the rubbish was almost walking down the drive.

                      I telephoned the tenants who said "we left a few days ago, I left a message on your voicemail". He did not.

                      I asked about the keys, his reply was that he would return them when I can come to collect. But he still refused to give his whereabouts!

                      Be careful what about what you do next.

                      Just because tenants are not in the property, it doesn't end the tenancy.

                      I would get them to surrender the tenancy in writing and get the keys back, before you take over or market the property.

                      Comment

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