Tenants breaking contract 7 months early

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    Tenants breaking contract 7 months early

    My tenants are moving out and are breaking contract 7 months early.
    Their deposit is in the dps - is this given to me as they are breaking contract?

    Also as they have given me written notice that they are moving out - can i arrange viewings of the property?

    Thankful for any advice please help!!!!

    #2
    Leaving Early

    If they move out your tenants owe rent to the end of their contract term. Have you agreed to release them from the contract without penalty?
    If so, then there would be no rent owing and you would have to agree to the deposit being returned unless there is also a claim for damage.
    You can put in a claim to the DPS for deposit in lieu of rent owed if you want to hold them to the agreement; technically the agreement should say that the deposit covers rent arrears.
    You could also offer these options:
    1 - Agree a cash settlement to buy your way our of the contract
    2 - Pay rent until the place is re-let, including your reletting costs.
    3 - Pay rent to the end of the term.
    You can show prospective tenants through if they allow you to.

    Comment


      #3
      Deposit

      I have not agreed to the tenants moving out they have paid me 1 week less in rent as they are only staying 21 days of the month.... I just am not sure what steps to take to keep myself within the law.

      Thanks

      Comment


        #4
        As the Editor has said they are bound to pay rent for the full term. I would be using option (2) under such circumstances.
        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


          #5
          Originally posted by geminibabe View Post
          My tenants are moving out and are breaking contract 7 months early.
          Their deposit is in the dps - is this given to me as they are breaking contract?

          Also as they have given me written notice that they are moving out - can i arrange viewings of the property?

          Thankful for any advice please help!!!!
          Does your tenancy contract include a break clause?
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            You can only show people around the property with the tenants consent which they can withhold.
            Unshackled by the chains of idle vanity, A modest manatee, that's me

            Comment


              #7
              Please provide
              country/location of rented property
              date T commmenced
              length of fixed term
              any break clause provisions
              date you received T notice to vacate
              did you agree to T move-out date

              Comment


                #8
                Property is in England, county Durham
                the tenancy commence 3/2/2011 for 12 months
                No break clauses in the tenancy at all
                I received a letter on 25/6/2011 advising they were moving out 24/7/2011
                Therefore contract being broken 7 months early!!!!

                Im worried that if I ask them to show people around that this will affect my rights to hold onto their deposit

                I live in Northern Ireland and i am already paying out £400 to get over there in 2 weeks time and thats before I see the house!!

                Comment


                  #9
                  I would also go for option 2 suggested in post #2 above.

                  No deposit is returnable until the tenancy is over, and in this case it's not over until you agree it or the Fixed term is over - whichever comes first.

                  Explain to the tenants that you do not accept the notice as they are still within a fixed term. You are however prepared to attempt to find alternative tenants and will only require them to pay up to the point that new people move in. You will also require them to cover any reletting costs that you may incur.

                  Ask them to agree this in writing, otherwise you will have no choice but to hold them to the remainder of their term.

                  If they accept, then you can show people round with their permission - it is after all in their own interests. If they don't accept, you should not enter without permission and be prepared to persue them through the courts. This could lead to CCJs against their names, so they will hopefully want to avoid it.
                  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

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