Terminate 2 year fixed contract

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Terminate 2 year fixed contract

    I'm a LL. My T is 5 months into a 2 year fixed term contract. There has been no breach of contract. Is there any way I can get rid of T and terminate the contract?

    I ultimately want to sell the property or hand over to an agent (with a new tenant), as although there has been no breach in contract, she is a problem tenant!!

    What are my options? (She definately will not agree to leave early, so there is no point in suggesting that I should negotiate an early termination of contract).

    #2
    When you say your tenant is a problem tenant do you mean she is just awkward or that she fails to comply with her obligations?

    Comment


      #3
      Suggest that you should negotiate an early termination of contract by offering T money to depart. (Start low, see if she bites.. )

      Was this T's first letting with you - if so why on earth a 2-year let rather than 6 months?

      I assume there is no break clause??
      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...

      Comment


        #4
        Yes - always creating unnecessary problems and threatening me with the police!!

        E.g. she told me the garden fence was broken, and whether I could send someone around to fix it. I sent a contractor, who tried to call her many times, and went around to her house 2-3 times (the T was home but failed to answer the door). The contractor then put a note through the door (witnessed by next door neighbour) stating when the works were going to be carried out. He then carried out the works, and the T is now saying that he trespassed through her property and it is my fault, and she is going to call the police!!!

        This is one of many unnecessary games that she is playing...the constant annoyance is stressing me out, so I want her out.

        Comment


          #5
          Have you got evidence to prove that you made efforts to fix the disrepair (letters, emails, etc??) Suggest calm, polite, letters confirming arrangements made, repairs attempted, etc etc.. and proof-of-postage or she'll claim you ignored her repair problems & plead wicked LL to the judge...

          Not sure garden fence is required to be fixed under LL's repairing obligations,
          http://www.tenancyagreementservice.c...bligations.htm


          although if she's that helpful a T I'd be inclined to sort it just-in-case (how did it get broken??).
          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...

          Comment


            #6
            Just noticed that you had answered my question by saying in your first post that there was no breach of contract. If there is no breach of contract there is no action you can take.

            Comment


              #7
              She was initially on a 12-month contract (behaved like a perfect tenant), then the problems arose when the new 24 month contract was signed.

              What happens if I want to sell the property? What do I then do?

              Comment


                #8
                Originally posted by Shivvy View Post

                What happens if I want to sell the property? What do I then do?
                You would have to sell it with her in it and new owner would become her LL (under your AST).

                If she's awkward though I don't know how easily you can sell a property when buyers can't view it (T does not need to let you or anyone else in, except in an emergency).

                I would plod on with tenancy but not repair fence (just stick with what you legally have to fix).
                I'm a good tenant with great landlords
                I'm also a living, breathing, fully cooked female.

                Comment


                  #9
                  Originally posted by Lawcruncher View Post
                  Just noticed that you had answered my question by saying in your first post that there was no breach of contract. If there is no breach of contract there is no action you can take.
                  Not quite true. For instance:
                  a. have you, Shivvy, ever been the owner-occupier of these premises [ground 1]; and
                  b. do you have other premises that would be a suitable alternative to let to same T [ground 9]?
                  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


                    #10
                    Hi jeffrey

                    a) Yes - i was the powner occupier of the house for 3 years (from 1998 - 2001)
                    b) i don't have any other property in that town.

                    Comment


                      #11
                      OK. Had the term been nearing its end, there's a slim chance that you could have used ground 1, despite no pre-letting Notice about it. Unfortunately, that won't work here- T is only 5 months into a 2 year fixed term.
                      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


                        #12
                        Behave strictly by the book with this tenant and no more, not one inch.

                        Put every contact with this tenant in writing (no phone calls) and send 2 copies.
                        1. By normal mail with proof of posting
                        2. By recorded delivery (keep all returned letters).

                        Keep copies on your computer.
                        Print out any emails and text messages.

                        Keep everything business-like.

                        If tenant starts to mis-behave and breach their tenancy in the ways that you can take action against, take action as provided for by the law.

                        You can sell with tenant in situ but if viewings are a problem, this may prevent a sale.

                        Comment


                          #13
                          Originally posted by DrunkenJedi View Post
                          You can sell with tenant in situ but if viewings are a problem, this may prevent a sale.
                          Not necessarily; many already-let properties are sold at auction, subject to a clause barring P from internal inspection. However, this is much less likely to be acceptable to P on a private sale.
                          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


                            #14
                            In a declining/slow/tough market, it is possible but very unlikely that a investment P would be happy to buy a property, which is why i did not suggest it.
                            And since OP hasn't mentioned that they are desperate or that there are some problems with the property that makes keeping it not viable or problematic for them, we have to assume that they want to get the best possible price, which is essentially not possible without an inspection by the various Ps before auction date.

                            Comment

                            Latest Activity

                            Collapse

                            Working...
                            X