Tenant decided not to renew agreement

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    Tenant decided not to renew agreement

    But I've only just been informed and tenancy ends on 22 May. My agents just say a change in tenants circumstances and there is nothing they can do.

    Surely I can withhold deposit?

    #2
    Originally posted by Bubbleicious5 View Post
    Surely I can withhold deposit?
    For what reason?

    Comment


      #3
      My understanding is that a tenant is under no obligation to give any notice at all at the end of their agreement, provided they return the keys to LL/LA before midnight on the last day, and all rent is paid up to that day.

      Deposit is intended to cover damage, cleaning expenses etc. If property is left requiring work, then you must negotiate the deposit deductions according to the Deposit Protection Scheme rules (I assume it is protected). You cannot just keep it all because your T is not renewing.

      Comment


        #4
        But the tenant is required to give a months notice. Not decide at end of agreement not to renew. She has drilled holes in my walls to put up curtain rails as well. It's a top floor apartment with stunning panaramic sea views. I will be wanting the holes made good.

        Reason given for non renewal is change in circumstance. The agent sent the renewal or not renewal form back in march and she's deciding now?

        Comment


          #5
          Originally posted by Bubbleicious5 View Post
          But the tenant is required to give a months notice. Not decide at end of agreement not to renew.
          As has already been explained the tenant does not have to give any notice to end the fixed term. If your letting agent has included this in the tenancy then it is wrong. Ask them why they did it, and they probably won't be able to give you a sensible answer because they didn't know the tenant doesn't have to.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


            #6
            You will have a claim on deposit to repair any damage and reclaim any unpaid rent. With an AST the T can depart on the last day of the fixed term, without Notice. If they stay until the following day you are into periodic tenancy when T has to give 1 month notice by law.
            Unfair to LLs but thats life.

            Comment


              #7
              Just to be really clear, the tenant can leave on or before the last day of the Fixed Term without notice. If however they stay just a day longer than the Fixed Term, then their tenancy becomes a Statutory Periodic Tenancy, and from then on they need to give you a full month notice to quit.

              It was really your job, or that of your agent, to speak to the tenant a month or two before the end of the Fixed term to get an idea what their intentions were. They could still have changed their mind, but it might have given you an indication.
              IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

              Comment


                #8
                As your T is not leaving until the weekend, they may put right the damage to the walls themselves. If not, you can of course claim for that work, but maybe your incoming tenants will want to put up curtain poles anyway, so will then make more holes anyway!

                I would chastise your agent for not following up the reply from your T. If they sent out renewal or not renewal paperwork as long ago as March, and had not received a reply either way, then they should have contacted the T before now to ask why no response.

                As I posted earlier, your T is quite within their rights to walk away from the property at the end of the agreement without notice. Many TA include a request for notice, but it is not legally binding and there is no financial reimbursement you can claim from your T if they haven't done so. It would be nice for all LL's if T's did give notice, and the majority probably would, but it just part of letting that sometimes it doesn't happen.

                Comment


                  #9
                  The original poster hasn´t stated whether it was a fixed term or a periodic tenancy. Years ago we had tenants in who "had to leave to return to Liverpool" as their mother was very ill. I was sympathetic about it and agreed to meet them at the property a few days later to handover keys and do a checkout. I thought something was strange as windows were left open and no car in the drive a few days before. On the day in question they had already left and I found the ill mother was just a story and they had moved to another part of the town. I kept their deposit in lieu of notice.

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