One-year AST; T leaves after 3 weeks (bereavement)

[silvercar]

Well at the very least, she has a father (alive), so the chances of her being next of kin and solely responsible for the financial burdens arising from the grandmothers death are now less likely.

She has also changed her tack. Written permission from daddy to live in granny's home, suggests that daddy will own the property. So basically she has been offered cheaper/ better accommodation and wants out of the tenancy.

So we've gone from "I'm alone in the world dealing with granny's mortgage" to "Daddy is in some way connected with the now empty property and has suggested I can live there".

Whether or not your tenant will have to pay the mortgage is irrelevant, release your hold on the heart strings she was pulling and revert to solely business like dealing.

[sparkie]

Thanks for your advice silvercar.

She said her father lives abroad and is not working but inherited the property. Hence she is trying to say that the father has no funds.

This is from her first email to me:

"Her estate was released shortly after the funeral and her property and all outstanding payments with respect to it were inherited by my father.

As such, that my father lives in the West Indies and is not working I have been granted an enduring power of attorney to look after his affairs here now with respect to the estate he has inherited.

I have moved all my belongings out of [property she signed TA on] over the weekend as I have now moved into my grandmother's property in order to sort out bills, mortgage payments and the general upkeep of the place until it can be sold on.

In essence, I am hereby giving notice that I am already out and will be posting the keys to [the letting agent] today as I cannot afford to rent somewhere and pay the mortgage and rates on another property."

So what's your advice next?

I could hold her to the contract. But I could easily see no money for 8 months. Where as if I get her to sign a release subject to her being liable till new tenant is signed on, then fine.

But if she just says, my deposit is all I have. What then?

[westminster]

So what's your advice next?

I could hold her to the contract. But I could easily see no money for 8 months. Where as if I get her to sign a release subject to her being liable till new tenant is signed on, then fine.

But if she just says, my deposit is all I have. What then?

If she's telling the truth, the situation sounds complicated enough to require a solicitor's services. The grandmother may well be dead, but I still don't buy the mortgage payments story; it seems far more likely that she just has the chance of free digs.

Pursue as you would any other tenant. Write to T saying that you do not agree to a surrender of the tenancy. Find a new tenant. Then issue a claim against her for unpaid rent up to the date the new tenancy commences, plus any associated costs. She isn't paying any rent so she can afford to pay off the debt in installments. (Is she employed? if so, you can ask court to make deductions from her wages).

[westminster]

p.s. and when the father sells the house, I'm sure he'll pay his daughter back for all those mortgage payments...

[sparkie]

If she's telling the truth, the situation sounds complicated enough to require a solicitor's services. The grandmother may well be dead, but I still don't buy the mortgage payments story; it seems far more likely that she just has the chance of free digs.

Pursue as you would any other tenant. Write to T saying that you do not agree to a surrender of the tenancy. Find a new tenant. Then issue a claim against her for unpaid rent up to the date the new tenancy commences, plus any associated costs. She isn't paying any rent so she can afford to pay off the debt in installments. (Is she employed? if so, you can ask court to make deductions from her wages).

Thanks for your reply Westminster.

Is it ok to advertise her room and get a new tenant without getting her to sign something first?

She has returned keys to the letting agent, and said she is willing to forfeit her deposit. whats the best strategy here.

Should I get her to sign a surrender agreement (subject to her being liable till a new tenant signs on) - which I doubt she will do. Or am I in my legal rights based on the above info to advertise her room forthwith. and as you suggest then claim against her for unpaid rent

Regarding her deposit, should I use it to pay the unpaid rent so far, or not touch it till a new tenant has been found. B/c I dont want to be in a situation that by accepting her deposit as rent that I am agreeing to let her loose

[westminster]

Thanks for your reply Westminster.

Is it ok to advertise her room and get a new tenant without getting her to sign something first?

I'm afraid I don't know the legal niceties...all I can tell you is that when I once had a tenant wanting to leave early, the agent told me T would have to pay rent up to the date of the new tenancy, and I didn't sign anything.

I don't know if the agent made the T sign anything.

She has returned keys to the letting agent, and said she is willing to forfeit her deposit. whats the best strategy here.

Did she post the keys to the agent or physically hand them to the agent - I'm asking because I seem to remember the latter may be construed as accepting a surrender? Again, you need someone with better knowledge on this to advise you.

Regarding her deposit, should I use it to pay the unpaid rent so far, or not touch it till a new tenant has been found. B/c I dont want to be in a situation that by accepting her deposit as rent that I am agreeing to let her loose

Personally I think it's safer to leave it till you have a better idea of the legal position.

Sorry I can't be of more help.

[westminster]

Just re-read the first email from the T.

I have moved all my belongings out of [property she signed TA on] over the weekend as I have now moved into my grandmother's property in order to sort out bills, mortgage payments and the general upkeep of the place until it can be sold on.

In essence, I am hereby giving notice that I am already out and will be posting the keys to [the letting agent] today as I cannot afford to rent somewhere and pay the mortgage and rates on another property."

I would think this is enough to prove that T has voluntarily left, therefore no comeback if you advertise and re-let. T can hardly complain that you acted to mitigate your losses when it comes to issuing a claim for unpaid rent.

[Diversity]

Did she post the keys to the agent or physically hand them to the agent - I'm asking because I seem to remember the latter may be construed as accepting a surrender? Again, you need someone with better knowledge on this to advise you.

Yes I have read this before as well.

[Rodent1]

Hmmm ...
A scanned copy is not acceptable is it ? ...altho irrelevant to the situation really, just help to to make a decisio bsed on emotion.

I would propose rent apayable upto new T, plus Y procurement fees, you have bond already soyou are a long way towards cash owed ....assuming you can relet fairly quickly !

[sparkie]

Thanks for the replies Westminster and Rodent.

I have emailed the deposit scheme and asked them to unprotect it as she has granted permission for her deposit to be forfeited and I'll be able to cover unpaid rent and bills with it. Waiting to hear back from them.

I will advertise her room and hopefully we can find a new suitable tenant ASAP. Will report back