Tenant breaking ASR agreement documents required?

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    Tenant breaking ASR agreement documents required?

    My tenant has informed me he is leaving the property at the end of this month. (His AST officially terminates on the 18th October 2013) I have informed of his legal obligations etc and it is falling on deaf ears.

    Is there any official documentation I need to send him while he is still living at the property?

    #2
    I would assume he already has one. Its his tenancy agreement. Says he is liable to pay rent until day X. Unless there are any clauses that allow for early termination.
    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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      #3
      Remind T in writing of his AST agreement, draw attention to the dates it started and the soonest date he can leave, obviously keep a copy of this letter, it will show a judge you did everything possible to warn the T of his legal obligation if it goes to court. Get proof of postage (it's free) and post from to different post offices, that way T cannot say he didn't receive the letter.

      Good luck.

      Mr/MrsLandlord

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        #4
        Yes he has an AST which states all his obligations etc. I was wondering as he has stated he would be breaking the contract if I would need to send him anything acknowledging his letter.

        If he leaves the property at the end of the month what is to stop him coming back in one months time and taking up residence again?

        Comment


          #5
          Originally posted by conchita 63 View Post
          Yes he has an AST which states all his obligations etc. I was wondering as he has stated he would be breaking the contract if I would need to send him anything acknowledging his letter.

          If he leaves the property at the end of the month what is to stop him coming back in one months time and taking up residence again?
          You have a choice -

          If you want to hold the tenant liable for the rest of the contract, you write to him & say that you do not accept his offer of surrender and that the tenancy will continue until xxx. He rmains liable for rent and it doesn't matter if he wants to come back - you are regarding the tenancy as continuing so the place will be there for him.

          If you want to release the tenant & get the room back then you write to the tenant & state that you have received his offer of surrender and you will accept it with effect (date X) on the strict condition that he pays a surrender fee of £x by date y.

          If he doesn't reply, the former will apply. The italic type in the latter is optional & if you choose to use it you should get legal advice as 'conditional agreements' can be tricky (I speak from experience).

          Comment


            #6
            Also you should ask for any 'release fee' to be credited to your bank account as cleared funds by the agreed surrender date, or cash on the day. Then, and only then, do you both sign a Deed of Surrender to end T on day of signing.

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